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<div1 type="frontMatter" id="f18940723">
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<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>TYLER, MAYOR.</p>
<p>TENTH SESSION, HELD JULY 23RD, 1894.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORT-HAND BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>
<persName id="t18940723-name-1">
<interp inst="t18940723-name-1" type="gender" value="male"/>
<interp inst="t18940723-name-1" type="surname" value="BUCKLER"/>
<interp inst="t18940723-name-1" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<p>ROLLS CHAMBERS, No. 89, CHANCERY LANE.</p>
<p>THE POINTS OF LAW AND PRACTICE</p>
<p>REVISED AND EDITED BY</p>
<p>EDWARD T. E. BESLEY, ESQ.,</p>
<p>OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.</p>
<p>LONDON:</p>
<p>STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,</p>
<p>Law Booksellers and Publishers.</p>
<xptr type="pageFacsimile" doc="189407230002"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the Queen's Commission of</p>
<p>OYER AND TERMINER AND GAOL DELIVERY</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Monday, July 23rd 1894, and following days.</p>
<p>
<hi rend="smallCaps">BEFORE</hi> the
<hi rend="smallCaps">RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18940723-name-2" type="judiciaryName">
<interp inst="t18940723-name-2" type="gender" value="male"/>
<interp inst="t18940723-name-2" type="surname" value="TYLER"/>
<interp inst="t18940723-name-2" type="given" value="GEORGE ROBERT"/>GEORGE ROBERT TYLER</persName>, LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t18940723-name-3" type="judiciaryName">
<interp inst="t18940723-name-3" type="gender" value="male"/>
<interp inst="t18940723-name-3" type="surname" value="LAWRANCE"/>
<interp inst="t18940723-name-3" type="given" value="JOHN COMPTON"/>JOHN COMPTON LAWRANCE</persName> </hi> Knt., one of the Justices of Her Majesty's High Court of Justice; Sir
<hi rend="smallCaps">JAMES WHIT
<lb/>TAKER ELLIS</hi>, Bart., Sir
<hi rend="smallCaps">
<persName id="t18940723-name-4" type="judiciaryName">
<interp inst="t18940723-name-4" type="gender" value="male"/>
<interp inst="t18940723-name-4" type="surname" value="SAVORY"/>
<interp inst="t18940723-name-4" type="given" value="JOSEPH"/>JOSEPH SAVORY</persName> </hi>, Bart., Sir
<hi rend="smallCaps">
<persName id="t18940723-name-5" type="judiciaryName">
<interp inst="t18940723-name-5" type="gender" value="male"/>
<interp inst="t18940723-name-5" type="surname" value="EVANS"/>
<interp inst="t18940723-name-5" type="given" value="DAVID"/>DAVID EVANS</persName> </hi>, K.C.M.G., and Sir
<hi rend="smallCaps">
<persName id="t18940723-name-6" type="judiciaryName">
<interp inst="t18940723-name-6" type="gender" value="male"/>
<interp inst="t18940723-name-6" type="surname" value="KNILL"/>
<interp inst="t18940723-name-6" type="given" value="STUART"/>STUART KNILL</persName> </hi>, Bart., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18940723-name-7" type="judiciaryName">
<interp inst="t18940723-name-7" type="gender" value="male"/>
<interp inst="t18940723-name-7" type="surname" value="HALL"/>
<interp inst="t18940723-name-7" type="given" value="CHARLES"/>CHARLES HALL</persName> </hi>, Q.C., M.P., K.C.M.G., Recorder of the said City; Sir
<hi rend="smallCaps">JOSEPH RENALS</hi>, Knt.,
<hi rend="smallCaps">GEORGE FAUDEL PHILLIPS</hi>, Esq., Lieut.-Col.
<hi rend="smallCaps">
<persName id="t18940723-name-8" type="judiciaryName">
<interp inst="t18940723-name-8" type="gender" value="male"/>
<interp inst="t18940723-name-8" type="surname" value="DAVIES"/>
<interp inst="t18940723-name-8" type="given" value="HORATIO DAVID"/>HORATIO DAVID DAVIES</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18940723-name-9" type="judiciaryName">
<interp inst="t18940723-name-9" type="gender" value="male"/>
<interp inst="t18940723-name-9" type="surname" value="SAMUEL"/>
<interp inst="t18940723-name-9" type="given" value="MARCUS"/>MARCUS SAMUEL</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18940723-name-10" type="judiciaryName">
<interp inst="t18940723-name-10" type="gender" value="male"/>
<interp inst="t18940723-name-10" type="surname" value="MORGAN"/>
<interp inst="t18940723-name-10" type="given" value="WALTER VAUGHAN"/>WALTER VAUGHAN MORGAN</persName> </hi>, Esq., and
<hi rend="smallCaps">WILLIAM PURDIE TRELOAR</hi>, Esq., other Aldermen of the said City; and Sir
<hi rend="smallCaps">FORREST FULTON</hi>, Knt., Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.</p>
<p>
<hi rend="smallCaps">JOHN VOCE MOORE</hi>, Esq., Alderman.</p>
<p>
<hi rend="smallCaps">JOSEPH COCKFIELD DIMSDALE</hi>, Esq., Alderman.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-11" type="judiciaryName">
<interp inst="t18940723-name-11" type="gender" value="male"/>
<interp inst="t18940723-name-11" type="surname" value="BEARD"/>
<interp inst="t18940723-name-11" type="given" value="THOMAS"/>THOMAS BEARD</persName> </hi>, Esq., C.C.</p>
<p>
<hi rend="smallCaps">CLARENCE R. HALSE</hi>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">TYLER, MAYOR. TENTH SESSION</hi>.</p>
<p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—a dagger</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, July</hi> 23
<hi rend="italic">rd</hi>, 1894.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<p>587.
<persName id="def1-587-18940723" type="defendantName">
<interp inst="def1-587-18940723" type="gender" value="male"/>
<interp inst="def1-587-18940723" type="age" value="19"/>
<interp inst="def1-587-18940723" type="surname" value="GEARY"/>
<interp inst="def1-587-18940723" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL GEARY</hi> (19)</persName>
<rs id="t18940723-587-offence-1" type="offenceDescription">
<interp inst="t18940723-587-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-587-offence-1" type="offenceSubcategory" value="simpleLarceny"/>
<hi rend="smallCaps">
<rs id="t18940723-587-verdict-1" type="verdictDescription">
<interp inst="t18940723-587-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-587-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing six half chests of tea, value £31, the property of
<persName id="t18940723-name-13" type="victimName">
<interp inst="t18940723-name-13" type="gender" value="male"/>
<interp inst="t18940723-name-13" type="surname" value="ALLEN"/>
<interp inst="t18940723-name-13" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-587-offence-1 t18940723-name-13"/>Thomas Allen</persName>.—</rs>
<hi rend="italic">
<rs id="t18940723-587-punishment-1" type="punishmentDescription">
<interp inst="t18940723-587-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-587-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-587-18940723 t18940723-587-punishment-1"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
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<p>588.
<persName id="def1-588-18940723" type="defendantName">
<interp inst="def1-588-18940723" type="gender" value="male"/>
<interp inst="def1-588-18940723" type="age" value="28"/>
<interp inst="def1-588-18940723" type="surname" value="MARNEY"/>
<interp inst="def1-588-18940723" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD MARNEY</hi> (28)</persName>
<rs id="t18940723-588-offence-1" type="offenceDescription">
<interp inst="t18940723-588-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-588-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a watch and chain from the person of
<persName id="t18940723-name-15" type="victimName">
<interp inst="t18940723-name-15" type="gender" value="male"/>
<interp inst="t18940723-name-15" type="surname" value="CHANDLER"/>
<interp inst="t18940723-name-15" type="given" value="GEORGE PAGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-588-offence-1 t18940723-name-15"/>George Page Chandler</persName>, and
<hi rend="italic">also</hi>** to a conviction of felony in June, 1892.
<hi rend="italic">Eight other convictions were proved against the prisoner. The</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">said it appeared that the prisoner had practically been in gaol since September</hi>, 1882.—</rs>
<rs id="t18940723-588-verdict-1" type="verdictDescription">
<interp inst="t18940723-588-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-588-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18940723-588-punishment-2" type="punishmentDescription">
<interp inst="t18940723-588-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-588-punishment-2" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-588-18940723 t18940723-588-punishment-2"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
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<p>589.
<persName id="def1-589-18940723" type="defendantName">
<interp inst="def1-589-18940723" type="gender" value="male"/>
<interp inst="def1-589-18940723" type="age" value="25"/>
<interp inst="def1-589-18940723" type="surname" value="PAMPLIN"/>
<interp inst="def1-589-18940723" type="given" value="ALBERT"/>
<hi rend="largeCaps">ALBERT PAMPLIN</hi> (25)</persName> and
<persName id="def2-589-18940723" type="defendantName">
<interp inst="def2-589-18940723" type="gender" value="male"/>
<interp inst="def2-589-18940723" type="age" value="16"/>
<interp inst="def2-589-18940723" type="surname" value="SMITH"/>
<interp inst="def2-589-18940723" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> (16)</persName>
<rs id="t18940723-589-offence-1" type="offenceDescription">
<interp inst="t18940723-589-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18940723-589-offence-1" type="offenceSubcategory" value="sodomy"/>, Unlaw
<lb/>fully committing acts of gross indecency with each other.</rs> </p>
<p>
<hi rend="smallCaps">MR. SELLS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-589-verdict-1" type="verdictDescription">
<interp inst="t18940723-589-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18940723-589-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<p>590.
<persName id="def1-590-18940723" type="defendantName">
<interp inst="def1-590-18940723" type="gender" value="male"/>
<interp inst="def1-590-18940723" type="surname" value="WALL"/>
<interp inst="def1-590-18940723" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY WALL</hi> </persName>
<rs id="t18940723-590-offence-1" type="offenceDescription">
<interp inst="t18940723-590-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18940723-590-offence-1" type="offenceSubcategory" value="robbery"/>, Feloniously assaulting
<persName id="t18940723-name-19" type="victimName">
<interp inst="t18940723-name-19" type="gender" value="male"/>
<interp inst="t18940723-name-19" type="surname" value="COCKMAN"/>
<interp inst="t18940723-name-19" type="given" value="PHILIP HUGH"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-590-offence-1 t18940723-name-19"/>Philip Hugh Cockman</persName> with intent to rob.</rs> </p>
<p>
<hi rend="smallCaps">MR. MORSEBY</hi>
<hi rend="italic">for the prosecution offered no evidence on this indictment.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-590-verdict-1" type="verdictDescription">
<interp inst="t18940723-590-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18940723-590-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<p>591.
<persName id="def1-591-18940723" type="defendantName">
<interp inst="def1-591-18940723" type="gender" value="male"/>
<interp inst="def1-591-18940723" type="surname" value="WALL"/>
<interp inst="def1-591-18940723" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY WALL</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18940723-591-offence-1" type="offenceDescription">
<interp inst="t18940723-591-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18940723-591-offence-1" type="offenceSubcategory" value="wounding"/> for unlawfully assaulting the same person, and causing him actual bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-21" type="witnessName">
<interp inst="t18940723-name-21" type="gender" value="male"/>
<interp inst="t18940723-name-21" type="surname" value="BRIGHTWELL"/>
<interp inst="t18940723-name-21" type="given" value="CHARLES"/>CHARLES BRIGHTWELL</persName> </hi>. I am a smith, and live at 21, Castle Street, St. Martin's Lane—about ten minutes to eleven on the night of the 12th June I was in St. Martin's Lane—I saw the prosecutor walking on the opposite side of the road, and I saw five men, the prisoner and four others, come out of a fried fish shop, cross the road and surround the pro
<lb/>secutor—he made a plunge to get away, when the prisoner gave him a deliberate blow in the jaw, which knocked him down flat on his back—I thought he was dead—a postman came up, and he flashed his bag across my face, and I saw no more—a policeman of the E division came up—I seized the prisoner and told the policeman to look to the prosecutor, and a constable of the C division came up and assisted me in taking the</p>
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<p>prisoner to the station—when the prosecutor was struck he flung up his hands helplessly, and fell on the back of his head.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-22" type="witnessName">
<interp inst="t18940723-name-22" type="gender" value="male"/>
<interp inst="t18940723-name-22" type="surname" value="COLDTRIP"/>
<interp inst="t18940723-name-22" type="given" value="JAMES"/>JAMES COLDTRIP</persName> </hi> (175
<hi rend="italic">E</hi>). I was on Seven Dials and heard a whistle blown by a cabman—I saw the prosecutor lying in the road insensible bleeding from the head—I took him to the hospital.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-23" type="witnessName">
<interp inst="t18940723-name-23" type="gender" value="male"/>
<interp inst="t18940723-name-23" type="surname" value="SANDALL"/>
<interp inst="t18940723-name-23" type="given" value="THOMAS EDWARD"/>THOMAS EDWARD SANDALL</persName> </hi>. I am house surgeon at Charing Cross Hospital—the prosecutor was brought there on 12th June—he was not then insensible, but in a dazed condition—he was suffering from concus
<lb/>sion—he had a scalp wound on the back of the head, which was bleeding, and he had a bruise on the jaw from a blow, and one on the arm—he was admitted into the hospital—he had completely lost his memory—judging from the effects, I should say the blow must have been a violent one, sufficient to knock him down—the other injuries were caused by the fall.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-24" type="witnessName">
<interp inst="t18940723-name-24" type="gender" value="male"/>
<interp inst="t18940723-name-24" type="surname" value="COCKMAN"/>
<interp inst="t18940723-name-24" type="given" value="PHILIP HUGH"/>PHILIP HUGH COCKMAN</persName> </hi>. I am a reporter at Marlborough Street Police-court—on the night of 12th June, about twenty minutes to eleven, I remember going up Wellington Street, but I have no recollection of anything that occurred till I found myself in the hospital next morning—I had on a morning coat at the time, which was open, and my watch-chain was visible.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-25" type="witnessName">
<interp inst="t18940723-name-25" type="gender" value="male"/>
<interp inst="t18940723-name-25" type="surname" value="HERITAGE"/>
<interp inst="t18940723-name-25" type="given" value="CHARLES"/>CHARLES HERITAGE</persName> </hi>. I keep an eating-house at 4, West Street, St. Martin's Lane—I was in my shop a little before eleven on the night of the 12th—I heard some loud talking outside; I opened the door and saw three persons on the pavement walking down St. Martin's Lane, and on the left I saw the prosecutor lifting up his hands, as if calling someone—I then saw the prisoner take two steps backwards, and then hit the pro
<lb/>secutor under the right ear, and he fell to the ground—the other two rushed towards Seven Dials—the prisoner turned sharp round, and a post-man was passing, and seized him; he struggled and dashed him to the ground—I called out, "All right; I have got him"—a constable in plain clothes came up and took him—I heard a cabman's whistle; at the time the prosecutor was struck I did not see Brightwell knock the prisoner down; I did not see him till he said, "I am an ex-policeman, and will give you a hand in taking him." (
<hi rend="italic">Brightwell:</hi> I am an ex-policeman.)</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-26" type="witnessName">
<interp inst="t18940723-name-26" type="gender" value="male"/>
<interp inst="t18940723-name-26" type="surname" value="HAWKINS"/>
<interp inst="t18940723-name-26" type="given" value="CHARLES"/>CHARLES HAWKINS</persName> </hi>. I am a cabman, and live at 48, Muriel Street, Barnsbury—I was on my hansom in St. Martin's Lane on this night—at the corner of West Street I saw the prosecutor hemmed in by two men who were threatening what they would do to him—all at once the prisoner ran from the middle of the road and struck the prosecutor a violent blow in the mouth, knocking him down on the pavement—I called out, "You have killed the man"—I blew my whistle; the prisoner ran away and was stopped by a postman—the pavement was covered with blood.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-27" type="witnessName">
<interp inst="t18940723-name-27" type="gender" value="male"/>
<interp inst="t18940723-name-27" type="surname" value="KAY"/>
<interp inst="t18940723-name-27" type="given" value="JAMES"/>JAMES KAY</persName> </hi> (391
<hi rend="italic">C</hi>). I was in West Street about eleven, off duty, in plain clothes—I heard a whistle, went up and saw the prisoner struggling with Mr. Heritage and the postman—I collared the prisoner, and took him into custody, and took him back to the prosecutor, who was lying flat on his back—I took the prisoner to the station—he said, "If he had not told me he would hit me with his umbrella, I should not have hit him."</p>
<p>
<hi rend="italic">The prisoner's statement before the Magistrate:</hi> As I was coming down St. Martin's Lane last Wednesday week, I met three chaps; one had fish and potatoes, he handed me one; I turned sharp round and accidentally.</p>
<xptr type="pageFacsimile" doc="189407230005"/>
<p>knocked against the gentleman. He said, "Take care, young man, it would not take me long to put an umbrella in your eye." I then struck him, or he would have gouged my eye out.</p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-591-verdict-1" type="verdictDescription">
<interp inst="t18940723-591-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-591-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>*†.—
<hi rend="italic">
<rs id="t18940723-591-punishment-3" type="punishmentDescription">
<interp inst="t18940723-591-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-591-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-591-18940723 t18940723-591-punishment-3"/>Fourteen Months' Hard Labour.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, July</hi> 23
<hi rend="italic">rd</hi>, 1894.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18940723-592">
<interp inst="t18940723-592" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-592" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-592-charge-1" targOrder="Y" targets="def1-592-18940723 t18940723-592-offence-1 t18940723-592-verdict-1"/>
<p>592.
<persName id="def1-592-18940723" type="defendantName">
<interp inst="def1-592-18940723" type="gender" value="male"/>
<interp inst="def1-592-18940723" type="age" value="18"/>
<interp inst="def1-592-18940723" type="surname" value="KAVANAGH"/>
<interp inst="def1-592-18940723" type="given" value="WALTER CHRISTOPHER"/>
<hi rend="largeCaps">WALTER CHRISTOPHER KAVANAGH</hi> (18)</persName>
<rs id="t18940723-592-offence-1" type="offenceDescription">
<interp inst="t18940723-592-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18940723-592-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-29" type="witnessName">
<interp inst="t18940723-name-29" type="gender" value="male"/>
<interp inst="t18940723-name-29" type="surname" value="TRUE"/>
<interp inst="t18940723-name-29" type="given" value="MARK"/>MARK TRUE</persName> </hi>. I am barman at the Swan, King William Street, London Bridge—on June 30th, about 7.30 p.m., the prisoner came in alone for a glass of ale, and gave me a bad florin—I gave him 1s. 10d. change, and placed the coin on one side—the prisoner left, and I told young Mr. Jarred—the prisoner returned in about five minutes with a man older than himself, who called for two glasses of ale, and paid with a sixpence; I gave him 3d. change—the prisoner then called for two glasses of ale, and gave me this florin (
<hi rend="italic">produced</hi>)—I placed it between my teeth, and it bent—I walked up to the prisoner and said, "I want you," and caught him by his waistcoat—he struggled, and tore it open—I detained him, and gave the coin to Mr. Janes—the head barman held him; he is away—the com
<lb/>panion went away.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He came into the same compartment on each occasion; two of us were serving there—when I said "I want you," I did not say what for, and he tried to wrench himself from me—no one said why he was seized, and I did not explain that he had passed a bad coin—I put the coin in the till on the sill—there were three or four other florins there—there is a till at each end of the bar—there are six compartments, and five persons were serving, any of whom could throw silver into that till.</p>
<p>
<hi rend="italic">Re-examined.</hi> I am certain this is the coin I received from him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-30" type="witnessName">
<interp inst="t18940723-name-30" type="gender" value="male"/>
<interp inst="t18940723-name-30" type="surname" value="JANES"/>
<interp inst="t18940723-name-30" type="given" value="FREDERICK"/>FREDERICK JANES</persName> </hi> (793
<hi rend="italic">City</hi>). On June 30th, about 11.30 p.m., I was called to the Swan and found the prisoner detained by Mr. Jarred, who said he had passed a bad florin—the prisoner said, "I have done no such thing, I did not pass it, but my companion did"—Mr. Jarred gave him in custody, and brought the coin to the station—he was charged with uttering the two, and said, "I have done no such thing"—I found a good half-crown and florin on him—he gave his right address.</p>
<p>
<hi rend="italic">Cross-examined.</hi> At the public-house he said, "It was not me who called for the mild and bitter, it was my companion"—I did not mention this before the Magistrate because I did not think it was of importance.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-31" type="witnessName">
<interp inst="t18940723-name-31" type="gender" value="male"/>
<interp inst="t18940723-name-31" type="surname" value="JARRED"/>
<interp inst="t18940723-name-31" type="given" value="ARTHUR"/>ARTHUR JARRED</persName> </hi>. On the night of June 30th True showed me a bad florin; I examined it and put it on one side—I was called from the other end of the bar, and gave the prisoner in custody and took the coin to the station—True brought me another coin.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The prisoner appeared very excited at my taking him, and said he was going to put it in all the daily papers.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-32" type="witnessName">
<interp inst="t18940723-name-32" type="gender" value="male"/>
<interp inst="t18940723-name-32" type="surname" value="WEBSTER"/>
<interp inst="t18940723-name-32" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of Coin to Her Majesty's Mint—these coins are bad, and from the same mould.</p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-592-verdict-1" type="verdictDescription">
<interp inst="t18940723-592-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-592-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18940723-592-punishment-4" type="punishmentDescription">
<interp inst="t18940723-592-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-592-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-592-18940723 t18940723-592-punishment-4"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-593">
<interp inst="t18940723-593" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-593" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-593-charge-1" targOrder="Y" targets="def1-593-18940723 t18940723-593-offence-1 t18940723-593-verdict-1"/>
<xptr type="pageFacsimile" doc="189407230006"/>
<p>593.
<persName id="def1-593-18940723" type="defendantName">
<interp inst="def1-593-18940723" type="gender" value="male"/>
<interp inst="def1-593-18940723" type="age" value="27"/>
<interp inst="def1-593-18940723" type="surname" value="WHITE"/>
<interp inst="def1-593-18940723" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WHITE</hi> (27)</persName>
<rs id="t18940723-593-offence-1" type="offenceDescription">
<interp inst="t18940723-593-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18940723-593-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having counterfeit coin in his possession with intent to utter it.</rs> </p>
<p>
<hi rend="smallCaps">MR. PARTRIDGE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-34" type="witnessName">
<interp inst="t18940723-name-34" type="gender" value="male"/>
<interp inst="t18940723-name-34" type="surname" value="CAMBER"/>
<interp inst="t18940723-name-34" type="given" value="ALFRED"/>ALFRED CAMBER</persName> </hi> (
<hi rend="italic">Police Sergeant</hi>). On June 30th, about 8.30 p.m., I was in Vauxhall Bridge Road, and saw the prisoner and another man coming towards me—I was talking to Mr. Young—the prisoner took a packet out of his pocket and showed it to the other man—I took hold of his right arm, and said, "What is that you have just put into your left trousers pocket?"—he said, "Nothing," and became very violent—the other man ran away, and I asked Mr. Young to follow him—I took the prisoner, and attempted to search him—he put his hand into his left trousers pocket, and said, "I know what you want. Here it is, another man gave it me; I have only been with him a week"—it contained ten counterfeit florins.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-35" type="witnessName">
<interp inst="t18940723-name-35" type="gender" value="male"/>
<interp inst="t18940723-name-35" type="surname" value="WEBSTER"/>
<interp inst="t18940723-name-35" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of Coin to Her Majesty's Mint—these ten florins are bad; all from one mould, and wrapped separately in the usual way.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> "I met a man who gave me some drink, and asked me to go for a stroll. Going over Vauxhall Bridge, he asked me to hold these things till we got to the other side of the bridge. I did so, and the detective caught hold of me."—
<hi rend="smallCaps">
<rs id="t18940723-593-verdict-1" type="verdictDescription">
<interp inst="t18940723-593-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-593-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He received a good character.
<rs id="t18940723-593-punishment-5" type="punishmentDescription">
<interp inst="t18940723-593-punishment-5" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18940723-593-punishment-5" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-593-18940723 t18940723-593-punishment-5"/>To enter into recognisances.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-594">
<interp inst="t18940723-594" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-594" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-594-charge-1" targOrder="Y" targets="def1-594-18940723 t18940723-594-offence-1 t18940723-594-verdict-1"/>
<p>594.
<persName id="def1-594-18940723" type="defendantName">
<interp inst="def1-594-18940723" type="gender" value="male"/>
<interp inst="def1-594-18940723" type="surname" value="WRIGHT"/>
<interp inst="def1-594-18940723" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY WRIGHT</hi> </persName>
<rs id="t18940723-594-offence-1" type="offenceDescription">
<interp inst="t18940723-594-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-594-offence-1" type="offenceSubcategory" value="mail"/> , Unlawfully attempting to steal letters from a post office letter-box.
<hi rend="italic">Second count</hi>, Unlawfully putting a sub
<lb/>stance into the letter-box to injure the box and its contents.</rs> </p>
<p>
<hi rend="smallCaps">MR. RICHARDS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-37" type="witnessName">
<interp inst="t18940723-name-37" type="gender" value="male"/>
<interp inst="t18940723-name-37" type="surname" value="ALLEN"/>
<interp inst="t18940723-name-37" type="given" value="VICTOR"/>VICTOR ALLEN</persName> </hi> (524
<hi rend="italic">S</hi>). On Saturday, June 30th, and Sunday morn
<lb/>ing, July 1st, I was on duty in Seymour Street, and found a small twig with a string attached to it in the pillar-box—I pulled the string up, and at the end of it found a sticky substance—I put it back, and went some yards further and kept observation on the box—in about ten minutes or a quarter of an hour the prisoner passed where I was standing, going to the box—I was about the length of this court from him—he stood and looked all round for about a minute when he got to the box, and then pulled the string up and walked sharply away, not past me, but straight on—there was a lamp near—I followed sharply, and when I was about ten yards behind him I saw a movement, as if he threw something into the road—I did not call out, but he could hear my steps behind him—I said, "What were you doing with that letter-box?"—he said, "Leaning against it"—I said, "What did you do with the string you pulled out?"—he said, "I know nothing about it"—I took him back to the box—another constable came up; I directed him to look in the road in the direction in which the prisoner had gone, and I saw him pick up this string.</p>
<p>
<hi rend="italic">Cross-examined by the prisoner.</hi> The sticky substance was there; it was soft and round—it was not in paper; I placed this paper on it to keep it from rubbing—you had no letters on you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-38" type="witnessName">
<interp inst="t18940723-name-38" type="gender" value="male"/>
<interp inst="t18940723-name-38" type="surname" value="MOIR"/>
<interp inst="t18940723-name-38" type="given" value="JOSEPH"/>JOSEPH MOIR</persName> </hi> (
<hi rend="italic">Police Serjeant C</hi>). I saw Allen with the prisoner in charge—I looked along the road, and found this string, with adhesive substance at the end of it, in the carriage-way about fifteen yards from the letter-box.</p>
<xptr type="pageFacsimile" doc="189407230007"/>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-39" type="witnessName">
<interp inst="t18940723-name-39" type="gender" value="male"/>
<interp inst="t18940723-name-39" type="surname" value="DOWNEY"/>
<interp inst="t18940723-name-39" type="given" value="GEORGE"/>GEORGE DOWNEY</persName> </hi> (
<hi rend="italic">Police Inspector S</hi>). I was on duty at Albany Street station when the prisoner was brought in—I found on him two pieces of sticky substance corresponding with some on his left hand, and more on his right—I cautioned him—he said, "I hear what you say, but I deny doing it."</p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-594-verdict-1" type="verdictDescription">
<interp inst="t18940723-594-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-594-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18940723-594-punishment-6" type="punishmentDescription">
<interp inst="t18940723-594-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-594-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-594-18940723 t18940723-594-punishment-6"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-595">
<interp inst="t18940723-595" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-595" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-595-charge-1" targOrder="Y" targets="def1-595-18940723 t18940723-595-offence-1 t18940723-595-verdict-1"/>
<p>595.
<persName id="def1-595-18940723" type="defendantName">
<interp inst="def1-595-18940723" type="gender" value="male"/>
<interp inst="def1-595-18940723" type="surname" value="MARTIN"/>
<interp inst="def1-595-18940723" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MARTIN</hi> </persName>
<rs id="t18940723-595-offence-1" type="offenceDescription">
<interp inst="t18940723-595-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18940723-595-offence-1" type="offenceSubcategory" value="riot"/>, Unlawfully committing a riot, causing an unlawful assembly, and damaging a house.</rs> </p>
<p>
<hi rend="italic">The prisoner stated that he was guilty of throwing a stone.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-595-verdict-1" type="verdictDescription">
<interp inst="t18940723-595-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-595-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He received a good character.—
<rs id="t18940723-595-punishment-7" type="punishmentDescription">
<interp inst="t18940723-595-punishment-7" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18940723-595-punishment-7" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-595-18940723 t18940723-595-punishment-7"/>Discharged on recognisances.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-596">
<interp inst="t18940723-596" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-596" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-596-charge-1" targOrder="Y" targets="def1-596-18940723 t18940723-596-offence-1 t18940723-596-verdict-1"/>
<p>596.
<persName id="def1-596-18940723" type="defendantName">
<interp inst="def1-596-18940723" type="gender" value="male"/>
<interp inst="def1-596-18940723" type="age" value="36"/>
<interp inst="def1-596-18940723" type="surname" value="BONE"/>
<interp inst="def1-596-18940723" type="given" value="CHARLES HENRY"/>
<hi rend="largeCaps">CHARLES HENRY BONE</hi> (36)</persName>
<rs id="t18940723-596-offence-1" type="offenceDescription">
<interp inst="t18940723-596-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-596-offence-1" type="offenceSubcategory" value="mail"/>
<hi rend="smallCaps">
<rs id="t18940723-596-verdict-1" type="verdictDescription">
<interp inst="t18940723-596-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-596-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing, while employed in the Post Office, a letter containing a sovereign, three half-crowns, and twelve postage stamps, the property of
<persName id="t18940723-name-42" type="victimName">
<interp inst="t18940723-name-42" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-596-offence-1 t18940723-name-42"/>Her Majesty's Postmaster-General</persName>.—</rs>
<hi rend="italic">
<rs id="t18940723-596-punishment-8" type="punishmentDescription">
<interp inst="t18940723-596-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-596-punishment-8" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-596-18940723 t18940723-596-punishment-8"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-597">
<interp inst="t18940723-597" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-597" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-597-charge-1" targOrder="Y" targets="def1-597-18940723 t18940723-597-offence-1 t18940723-597-verdict-1"/>
<p>597.
<persName id="def1-597-18940723" type="defendantName">
<interp inst="def1-597-18940723" type="gender" value="male"/>
<interp inst="def1-597-18940723" type="age" value="20"/>
<interp inst="def1-597-18940723" type="surname" value="SKIPPER"/>
<interp inst="def1-597-18940723" type="given" value="ALBERT PERCY"/>
<hi rend="largeCaps">ALBERT PERCY SKIPPER</hi> (20)</persName>
<rs id="t18940723-597-offence-1" type="offenceDescription">
<interp inst="t18940723-597-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-597-offence-1" type="offenceSubcategory" value="mail"/>, to stealing, while employed in the Post Office, a letter containing two postal orders and one shilling, the property of
<persName id="t18940723-name-44" type="victimName">
<interp inst="t18940723-name-44" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-597-offence-1 t18940723-name-44"/>Her Majesty's Postmaster-General.</persName> </rs>
<hi rend="italic">He received a good character.—
<rs id="t18940723-597-verdict-1" type="verdictDescription">
<interp inst="t18940723-597-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-597-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<rs id="t18940723-597-punishment-9" type="punishmentDescription">
<interp inst="t18940723-597-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-597-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-597-18940723 t18940723-597-punishment-9"/>Ten Months Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-598">
<interp inst="t18940723-598" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-598" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-598-charge-1" targOrder="Y" targets="def1-598-18940723 t18940723-598-offence-1 t18940723-598-verdict-1"/>
<join result="criminalCharge" id="t18940723-598-charge-2" targOrder="Y" targets="def1-598-18940723 t18940723-598-offence-2 t18940723-598-verdict-1"/>
<join result="criminalCharge" id="t18940723-598-charge-3" targOrder="Y" targets="def1-598-18940723 t18940723-598-offence-3 t18940723-598-verdict-1"/>
<p>598.
<persName id="def1-598-18940723" type="defendantName">
<interp inst="def1-598-18940723" type="gender" value="male"/>
<interp inst="def1-598-18940723" type="age" value="42"/>
<interp inst="def1-598-18940723" type="surname" value="MILLER"/>
<interp inst="def1-598-18940723" type="given" value="JOHN ROBERT"/>
<hi rend="largeCaps">JOHN ROBERT MILLER</hi> (42)</persName>
<rs id="t18940723-598-offence-1" type="offenceDescription">
<interp inst="t18940723-598-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18940723-598-offence-1" type="offenceSubcategory" value="forgery"/>, to two indictments for forging and uttering orders for the payment of £70 10s.</rs>;
<hi rend="italic">also</hi>
<rs id="t18940723-598-offence-2" type="offenceDescription">
<interp inst="t18940723-598-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18940723-598-offence-2" type="offenceSubcategory" value="simpleLarceny"/>to stealing a Post Office deposit book, the property of
<persName id="t18940723-name-46" type="victimName">
<interp inst="t18940723-name-46" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-598-offence-2 t18940723-name-46"/>Her Majesty's Postmaster-General</persName>;</rs>
<hi rend="italic">also</hi>
<rs id="t18940723-598-offence-3" type="offenceDescription">
<interp inst="t18940723-598-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t18940723-598-offence-3" type="offenceSubcategory" value="simpleLarceny"/>to stealing twelve medals, a nightshirt, and other articles of
<persName id="t18940723-name-47" type="victimName">
<interp inst="t18940723-name-47" type="gender" value="male"/>
<interp inst="t18940723-name-47" type="surname" value="MOORE"/>
<interp inst="t18940723-name-47" type="given" value="ALEXANDER"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-598-offence-3 t18940723-name-47"/>Alexander Moore</persName>.—</rs>
<rs id="t18940723-598-verdict-1" type="verdictDescription">
<interp inst="t18940723-598-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-598-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18940723-598-punishment-10" type="punishmentDescription">
<interp inst="t18940723-598-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-598-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-598-18940723 t18940723-598-punishment-10"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-599">
<interp inst="t18940723-599" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-599" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-599-charge-1" targOrder="Y" targets="def1-599-18940723 t18940723-599-offence-1 t18940723-599-verdict-1"/>
<join result="criminalCharge" id="t18940723-599-charge-2" targOrder="Y" targets="def1-599-18940723 t18940723-599-offence-2 t18940723-599-verdict-1"/>
<p>599.
<persName id="def1-599-18940723" type="defendantName">
<interp inst="def1-599-18940723" type="gender" value="male"/>
<interp inst="def1-599-18940723" type="age" value="35"/>
<interp inst="def1-599-18940723" type="surname" value="DUCK"/>
<interp inst="def1-599-18940723" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE DUCK</hi> (35)</persName>
<rs id="t18940723-599-offence-1" type="offenceDescription">
<interp inst="t18940723-599-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-599-offence-1" type="offenceSubcategory" value="mail"/>, to stealing, while employed in the Post Office a letter containing two orders for the payment of money;</rs>
<hi rend="italic">also</hi>
<rs id="t18940723-599-offence-2" type="offenceDescription">
<interp inst="t18940723-599-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18940723-599-offence-2" type="offenceSubcategory" value="mail"/>a letter containing three money orders, the property of
<persName id="t18940723-name-49" type="victimName">
<interp inst="t18940723-name-49" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-599-offence-2 t18940723-name-49"/>Her Majesty's Postmaster-General</persName>.—</rs>
<rs id="t18940723-599-verdict-1" type="verdictDescription">
<interp inst="t18940723-599-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-599-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18940723-599-punishment-11" type="punishmentDescription">
<interp inst="t18940723-599-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-599-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-599-18940723 t18940723-599-punishment-11"/>Nine Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-600">
<interp inst="t18940723-600" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-600" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-600-charge-1" targOrder="Y" targets="def1-600-18940723 t18940723-600-offence-1 t18940723-600-verdict-1"/>
<join result="criminalCharge" id="t18940723-600-charge-2" targOrder="Y" targets="def2-600-18940723 t18940723-600-offence-1 t18940723-600-verdict-1"/>
<p>600.
<persName id="def1-600-18940723" type="defendantName">
<interp inst="def1-600-18940723" type="gender" value="male"/>
<interp inst="def1-600-18940723" type="age" value="40"/>
<interp inst="def1-600-18940723" type="surname" value="GOLDING"/>
<interp inst="def1-600-18940723" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE GOLDING</hi> (40)</persName> and
<persName id="def2-600-18940723" type="defendantName">
<interp inst="def2-600-18940723" type="gender" value="male"/>
<interp inst="def2-600-18940723" type="age" value="23"/>
<interp inst="def2-600-18940723" type="surname" value="CHAMBERS"/>
<interp inst="def2-600-18940723" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR CHAMBERS</hi> (23)</persName>
<rs id="t18940723-600-offence-1" type="offenceDescription">
<interp inst="t18940723-600-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-600-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18940723-name-52" type="victimName">
<interp inst="t18940723-name-52" type="gender" value="male"/>
<interp inst="t18940723-name-52" type="surname" value="ROSS"/>
<interp inst="t18940723-name-52" type="given" value="ARCHIBALD"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-600-offence-1 t18940723-name-52"/>Archibald Ross</persName>, with intent to steal.—</rs>
<rs id="t18940723-600-verdict-1" type="verdictDescription">
<interp inst="t18940723-600-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-600-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18940723-600-punishment-12" type="punishmentDescription">
<interp inst="t18940723-600-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-600-punishment-12" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-600-18940723 t18940723-600-punishment-12"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-600-18940723 t18940723-600-punishment-12"/>Ten Months' Hard Labour each.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18940723-601">
<interp inst="t18940723-601" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-601" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-601-charge-1" targOrder="Y" targets="def1-601-18940723 t18940723-601-offence-1 t18940723-601-verdict-1"/>
<p>601.
<persName id="def1-601-18940723" type="defendantName">
<interp inst="def1-601-18940723" type="gender" value="male"/>
<interp inst="def1-601-18940723" type="age" value="35"/>
<interp inst="def1-601-18940723" type="surname" value="DAVIS"/>
<interp inst="def1-601-18940723" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DAVIS</hi> (35)</persName>
<rs id="t18940723-601-offence-1" type="offenceDescription">
<interp inst="t18940723-601-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18940723-601-offence-1" type="offenceSubcategory" value="fraud"/>, To unlawfully obtaining certain securities from
<persName id="t18940723-name-54" type="victimName">
<interp inst="t18940723-name-54" type="gender" value="male"/>
<interp inst="t18940723-name-54" type="surname" value="DIXON"/>
<interp inst="t18940723-name-54" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-601-offence-1 t18940723-name-54"/>John Dixon</persName> by false pretences—
<hi rend="italic">
<rs id="t18940723-601-punishment-13" type="punishmentDescription">
<interp inst="t18940723-601-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-601-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-601-18940723 t18940723-601-punishment-13"/>Eighteen Months' Hard Labour.</rs> </hi> (</rs>
<rs id="t18940723-601-verdict-1" type="verdictDescription">
<interp inst="t18940723-601-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-601-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="italic">There were other indictments against him for felony.</hi>)</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 24
<hi rend="italic">th</hi>, 1894.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18940723-602">
<interp inst="t18940723-602" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-602" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-602-charge-1" targOrder="Y" targets="def1-602-18940723 t18940723-602-offence-1 t18940723-602-verdict-1"/>
<join result="criminalCharge" id="t18940723-602-charge-2" targOrder="Y" targets="def1-602-18940723 t18940723-602-offence-2 t18940723-602-verdict-1"/>
<p>602.
<persName id="def1-602-18940723" type="defendantName">
<interp inst="def1-602-18940723" type="gender" value="female"/>
<interp inst="def1-602-18940723" type="age" value="18"/>
<interp inst="def1-602-18940723" type="surname" value="WILSON"/>
<interp inst="def1-602-18940723" type="given" value="EMILY"/>
<hi rend="largeCaps">EMILY WILSON</hi> (18)</persName>
<rs id="t18940723-602-offence-1" type="offenceDescription">
<interp inst="t18940723-602-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18940723-602-offence-1" type="offenceSubcategory" value="forgery"/>
<hi rend="smallCaps">
<rs id="t18940723-602-verdict-1" type="verdictDescription">
<interp inst="t18940723-602-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-602-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to feloniously forging and uttering an order for £10 6s., with intent to defraud;</rs>
<hi rend="italic">also</hi>
<rs id="t18940723-602-offence-2" type="offenceDescription">
<interp inst="t18940723-602-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18940723-602-offence-2" type="offenceSubcategory" value="fraud"/> to unlaw
<lb/>fully obtaining money by false pretences from
<persName id="t18940723-name-56" type="victimName">
<interp inst="t18940723-name-56" type="gender" value="female"/>
<interp inst="t18940723-name-56" type="surname" value="WOOD"/>
<interp inst="t18940723-name-56" type="given" value="ANNIE"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-602-offence-2 t18940723-name-56"/>Annie Wood</persName>; also 3 to a pre
<lb/>vious conviction of felony.—</rs>
<hi rend="italic">
<rs id="t18940723-602-punishment-14" type="punishmentDescription">
<interp inst="t18940723-602-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-602-punishment-14" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-602-18940723 t18940723-602-punishment-14"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-603">
<interp inst="t18940723-603" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-603" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-603-charge-1" targOrder="Y" targets="def1-603-18940723 t18940723-603-offence-1 t18940723-603-verdict-1"/>
<p>603.
<persName id="def1-603-18940723" type="defendantName">
<interp inst="def1-603-18940723" type="gender" value="male"/>
<interp inst="def1-603-18940723" type="surname" value="SULLIVAN"/>
<interp inst="def1-603-18940723" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SULLIVAN</hi> </persName>
<rs id="t18940723-603-offence-1" type="offenceDescription">
<interp inst="t18940723-603-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-603-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a purse from the person of
<persName id="t18940723-name-58" type="victimName">
<interp inst="t18940723-name-58" type="gender" value="male"/>
<interp inst="t18940723-name-58" type="surname" value="SMITH"/>
<interp inst="t18940723-name-58" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-603-offence-1 t18940723-name-58"/>Charles Smith</persName>, and to a previous conviction of felony on 11th September, 1882. </rs>
<hi rend="smallCaps">
<persName id="t18940723-name-59" type="witnessName">
<interp inst="t18940723-name-59" type="gender" value="male"/>
<interp inst="t18940723-name-59" type="surname" value="TURRELL"/>
<interp inst="t18940723-name-59" type="given" value="WILLIAM"/>WILLIAM TURRELL</persName> </hi> (
<hi rend="italic">Warder</hi>)
<hi rend="italic">stated that since his conviction he had been getting an honest living.—
<rs id="t18940723-603-verdict-1" type="verdictDescription">
<interp inst="t18940723-603-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-603-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<rs id="t18940723-603-punishment-15" type="punishmentDescription">
<interp inst="t18940723-603-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-603-punishment-15" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-603-18940723 t18940723-603-punishment-15"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-604">
<interp inst="t18940723-604" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-604" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-604-charge-1" targOrder="Y" targets="def1-604-18940723 t18940723-604-offence-1 t18940723-604-verdict-1"/>
<p>604.
<persName id="def1-604-18940723" type="defendantName">
<interp inst="def1-604-18940723" type="gender" value="male"/>
<interp inst="def1-604-18940723" type="age" value="18"/>
<interp inst="def1-604-18940723" type="surname" value="BELLERBY"/>
<interp inst="def1-604-18940723" type="given" value="CHRISTOPHER"/>
<hi rend="largeCaps">CHRISTOPHER BELLERBY</hi> (18)</persName>
<rs id="t18940723-604-offence-1" type="offenceDescription">
<interp inst="t18940723-604-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18940723-604-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering an endorsement on a bill of exchange for the payment of £28.</rs> </p>
<p>
<hi rend="smallCaps">MR. SHERWOOD</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-61" type="witnessName">
<interp inst="t18940723-name-61" type="gender" value="male"/>
<interp inst="t18940723-name-61" type="surname" value="DIXON"/>
<interp inst="t18940723-name-61" type="given" value="WILLIAM"/>WILLIAM DIXON</persName> </hi>. I am a furniture dealer—I come from York—I have known the prisoner for about two and a half years just to pass the time</p>
<xptr type="pageFacsimile" doc="189407230008"/>
<p>of day—on 25th May I was out of work—I saw the prisoner in the York Free Library—he said, "Good morning"—I was looking at the
<hi rend="italic">Daily Telegraph</hi>—he asked me if I was trying to get a place in London—I said yes—he said, "Why don't you write to Smith and Dixon"—I do not know who they are—he did not tell me—we got into conversation; he asked me if I would like to travel in stationery—I said I did not mind, but I had never been accustomed to the stationery business—he said I could soon learn it with a few days' experience; that his governors, McIntosh and Co., wholesale and export stationers of Glasgow, wanted a traveller; that they had a branch office in Bride Street, London, where they kept ten travellers and two junior clerks, with himself as manager; that he would write to his governors—he told me he wrote to his governors on Friday night, and that he received an answer on Sunday morn
<lb/>ing, and that I had to meet him at Leadhill Bridge and to accompany him to London on Monday—on 25th May he said his governor would want £50 security—I said I had only £35—I had £28 in the York Union Bank and £7 in the Post Office Bank—I had no cash by me at the time—he said I should have to pay £2 10s. to the Guarantee Society—I saw him on the Sunday at Leadhill Bridge, York, and read something from a letter which told me I had to accompany him to London on Monday morning—I did not look at the letter; he said there was private business in it—we came to London the next day by the 3.40 a.m. train, as near as I can say—each of us paid for his own ticket—we got to King's Cross about 7.57 a.m.—we went round the City seeing the sights; it was my first visit to London—the prisoner said I had better give him my deposit note, which I had with me, as security for his governor—we tried to cash it at Lloyd's Bank; they could not do it—before presenting it I endorsed it at Lloyd's Bank—I gave it to him just outside the bank—I did not see it afterwards until I was at the Police-court—I don't know what was done with it—we still went about London after that—we took lodgings at 16, Charlotte Street, towards the evening—the prisoner took them—I had only a few shillings with me; I had an advance from a friend, with which I came up to London—I had about thirty shillings when I left York, as near as I can say—I paid five shillings that night at Charlotte Street, and I said I would pay the rest of my share when I got the money out of the Past Office Bank—on the next Wednesday the prisoner sent me to Cambridge, and when I came back on the Friday I paid the prisoner six shillings and sixpence to pay to the lodging-house keeper; I could not say if he paid anything—the prisoner said he was going down to see the governor at Manchester, where he had a branch, and then his governor was coming up to London on Tuesday—afterwards he told me he had been to the office, and the governor had been, and one of the men was wrong in his accounts, and he was going on to Dublin, and would be back on Friday night or Saturday morning—on the Tuesday I went to two or three business places in London where the prisoner sent me to call—I paid the prisoner £1 for a collecting book; I never got a book; I also paid him £2 10s. on the Saturday after my return from Cam
<lb/>bridge; he said £5 was to be paid to the Guarantee Society, his governor would pay £2 10s. and I had to pay £2 10s.—the prisoner brought me these cards on the Wednesday morning. (
<hi rend="italic">These were cards of McIntosh and Co., wholesale stationers, Bride Street, with "Wm. Dixon, traveller</hi> </p>
<xptr type="pageFacsimile" doc="189407230009"/>
<p>
<hi rend="italic">in the corner</hi>)—I came from Glasgow to be the traveller—the prisoner wrote out a list of people for me to call on in Cambridge—I asked for samples and a bag, and he said the bag had to be made specially—he told me the people I called on would have their orders written out—he gave me £1 2s. 6d. for expenses—I carried out his instructions, and visited about eight business houses in Cambridge; Wilkie was one—I did no business—they had no orders written out for me—I think they took me as a traveller calling on chance, and were polite, but did not do business—I came back on the Friday to 14, Charlotte Street—the prisoner was out, but I saw him that night—on the following Monday, 4th June, we moved to Albany Street—in the interval I went about to various houses in London, according to the prisoner's instruc
<lb/>tions—I had never been a traveller before—I did no business—I had no samples or order-book—I got no money for expenses—I did not go to Bride Street till after I had been to Westminster Hall; when I did go I found no McIntosh and Co. there—I asked for orders for McIntosh's stationery goods at the places I went to—he said the people had done business with the firm before, and knew what they wanted—I was supposed to be travelling in note-paper and enve
<lb/>lopes—I had no special instructions as to the quality and kinds of goods—I do not know what the various sizes of note-paper and envelopes are called in the trade—I should say I made a good way into one hundred calls up to 11th June—I was to meet the governor several times by appointments, which were never fulfilled—the prisoner took me several times to Westminster Hall to meet the governor—he called it the House of Commons—he said, the governor was a Member of Parliament—on Monday, 11th June, he said I was to meet the governor at the House of Commons about ten minutes to twelve—we had been living together at Albany Street since 4th June—I went to Westminster Hall with him on 11th June—after about two minutes he went away, saying the gover
<lb/>nor would meet me there, and he would be back in about half-an-hour—I waited in the hall three or four hours—he never came back—no one came and spoke to me—after three or four hours I went to the lodgings, and heard the prisoner had gone away—I did not see him again till I saw him at the Mansion House—he sent me no communication—this is the deposit note for £28 which I gave him; I brought it from York to London—it is my signature on the back; I endorsed it in Lloyd's Bank—I know the prisoner's writing—I never received this cheque—I never saw it before—I did not endorse it—I did not write this letter to the York Bank asking for a cheque as against the deposit note; the signature is very like mine, but it is not mine; it is a fair imitation—I had a letter from the prisoner at Cambridge—I received this letter from him about 3rd July, after his arrest. (
<hi rend="italic">This expressed surprise at what Dixon had done, and stated that he was sorry if he had caused Dixon inconvenience, but that his money would be returned to him by Bellerby's solicitor, Mr. Dent; that he had not cashed, the cheque, but had given it to a gentleman, and did not know it had been cashed; and it asked Dixon to come to the Mansion House next morning, when the matter would be explained to him</hi>)—The next morning, 3rd July, the prisoner was brought up on remand at the Mansion House—I did not go and see him—I had no communication from Mr. Dent or anyone on</p>
<xptr type="pageFacsimile" doc="189407230010"/>
<p>the prisoner's behalf—after I left Westminster Hull on 11th June I went to Bride Street—I looked for Mclntosh's place of business; there was no such name—I did not have these cards printed; they were given to me; I was not present when they were ordered—I did not see prisoner from 11th June till he was arrested, and I had no communication with him.</p>
<p>
<hi rend="italic">Cross-examined by the prisoner.</hi> You spoke to me first at the York public library—we tried to cash the deposit note at Lloyd's Bank, at Glynn, Mills, Currie and Co., and at the Discount Bank in St. Martin's Lane; they would not cash it, and then you had it—I did not request you to send it anywhere—when I asked you about it, you said it was in your governor's bank, and that he was going to lend me the other £22 to make up the £50, which was required as security—I never received the cheque from York; it was never in my possession—I never saw it till it was produced afterwards; I did not hand it to you—I never wrote for it—a lad did not come and say there was a letter on the dresser—I did not open the letter, take out the cheque and give it to you; I never saw it till after your arrest—you told me you had a situation for me as a traveller when I left York, and I came with that intention.</p>
<p>
<hi rend="italic">Re-examined.</hi> I did not write this letter acknowledging the receipt of the cheque from the York Bank; I did not authorise the prisoner to write it—I have not seen it before; it is a forgery—the day the prisoner absconded I communicated with the York Bank—I dictated this letter of 10th June to be written, and I signed it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-62" type="witnessName">
<interp inst="t18940723-name-62" type="gender" value="male"/>
<interp inst="t18940723-name-62" type="surname" value="EGAN"/>
<interp inst="t18940723-name-62" type="given" value="JOHN"/>JOHN EGAN</persName> </hi> (
<hi rend="italic">Inspector</hi>). On 23rd June I received a warrant to arrest the prisoner—I found him in a bedroom at 10, Gower Street—I said, "Is your name Bellerby?"—he said, "No"—I said, "I have a warrant to arrest you"—he said, "Let me see it"—I took him to the station—on the way he said, "I never had a penny of the money. I never had the draft—I think he said he was eighteen—only a few halfpence were found on him—I found on him a paper with the number of three Bank of England notes—the prisoner was living in the name of Dixon.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-63" type="witnessName">
<interp inst="t18940723-name-63" type="gender" value="male"/>
<interp inst="t18940723-name-63" type="surname" value="CONSTANTINE"/>
<interp inst="t18940723-name-63" type="given" value="EDWARD"/>EDWARD CONSTANTINE</persName> </hi>. I am paying cashier at Glynn, Mills, Currie and Co., Lombard Street—I paid this draft over the counter on 30th May, giving for it three £5 notes, Nos. 53704 to 53706, dated 23rd April, and £13 in gold—I made this note at the time—this note 53706 is one that I gave—on it is "Christopher Bellerby, 14, Charlotte Street, Bedford Square"—I do not recognise the person who presented the draft—I should not have paid it if it had not been endorsed.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-64" type="witnessName">
<interp inst="t18940723-name-64" type="gender" value="male"/>
<interp inst="t18940723-name-64" type="surname" value="HOUGHTON"/>
<interp inst="t18940723-name-64" type="given" value="LEONARD WILLIAM"/>LEONARD WILLIAM HOUGHTON</persName> </hi>. I am a clerk in the employment of the York Union Banking Company at York—I know the name of Dixon as a customer—on 29th May we received this letter purporting to come from Dixon—we compared the writing, and took it to be genuine—on the receipt of the letter and the deposit note we sent a letter to Mr. Dixon enclosing the cheque on Messrs. Glynn, Mills and Co. for £28—we received this acknowledgment signed Dixon on 31st.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-65" type="witnessName">
<interp inst="t18940723-name-65" type="gender" value="male"/>
<interp inst="t18940723-name-65" type="surname" value="WILLIAMS"/>
<interp inst="t18940723-name-65" type="given" value="CHARLES JOHN"/>CHARLES JOHN WILLIAMS</persName> </hi>. I am a clerk in the Bank of England—this £5 note, 53706, was paid into the bank on 2nd June by the London and County Bank—it bears the endorsement "Christopher Bellerby."</p>
<p>
<hi rend="italic">The prisoner, in a written defence, stated that the prosecutor agreed to become the travelling partner in a business they were to establish in the name of McIntosh and Co.; that Dixon had given him the draft when it was received, and that a third person was going to join the business, but altered his mind.</hi> </p>
<xptr type="pageFacsimile" doc="189407230011"/>
<p>
<hi rend="smallCaps">
<rs id="t18940723-604-verdict-1" type="verdictDescription">
<interp inst="t18940723-604-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-604-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>*
<hi rend="italic">of uttering.</hi> </p>
<p>
<hi rend="smallCaps">INSPECTOR EGAN</hi>
<hi rend="italic">staled that he believed the prisoner had been convicted at Leeds of obtaining charitable contributions by fraud; and that he had recently been advertising for travellers who would give a security.</hi> </p>
<p>
<hi rend="italic">
<rs id="t18940723-604-punishment-16" type="punishmentDescription">
<interp inst="t18940723-604-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-604-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-604-18940723 t18940723-604-punishment-16"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 24
<hi rend="italic">th</hi>, 1894.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18940723-605">
<interp inst="t18940723-605" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-605" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-605-charge-1" targOrder="Y" targets="def1-605-18940723 t18940723-605-offence-1 t18940723-605-verdict-1"/>
<join result="criminalCharge" id="t18940723-605-charge-2" targOrder="Y" targets="def2-605-18940723 t18940723-605-offence-1 t18940723-605-verdict-1"/>
<join result="criminalCharge" id="t18940723-605-charge-3" targOrder="Y" targets="def3-605-18940723 t18940723-605-offence-1 t18940723-605-verdict-2"/>
<p>605.
<persName id="def1-605-18940723" type="defendantName">
<interp inst="def1-605-18940723" type="gender" value="male"/>
<interp inst="def1-605-18940723" type="age" value="23"/>
<interp inst="def1-605-18940723" type="surname" value="BERROWS"/>
<interp inst="def1-605-18940723" type="given" value="ANDREW ALEXANDER"/>
<hi rend="largeCaps">ANDREW ALEXANDER BERROWS</hi> (23)</persName>,
<persName id="def2-605-18940723" type="defendantName">
<interp inst="def2-605-18940723" type="gender" value="male"/>
<interp inst="def2-605-18940723" type="age" value="26"/>
<interp inst="def2-605-18940723" type="surname" value="FRANCIS"/>
<interp inst="def2-605-18940723" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM FRANCIS</hi> (26)</persName>, and
<persName id="def3-605-18940723" type="defendantName">
<interp inst="def3-605-18940723" type="gender" value="male"/>
<interp inst="def3-605-18940723" type="surname" value="GIDDINS"/>
<interp inst="def3-605-18940723" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GIDDINS</hi> </persName>
<rs id="t18940723-605-offence-1" type="offenceDescription">
<interp inst="t18940723-605-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18940723-605-offence-1" type="offenceSubcategory" value="assaultWithIntent"/>, Unlawfully assaulting
<persName id="t18940723-name-69" type="victimName">
<interp inst="t18940723-name-69" type="gender" value="female"/>
<interp inst="t18940723-name-69" type="surname" value="PLANT"/>
<interp inst="t18940723-name-69" type="given" value="SUSAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-605-offence-1 t18940723-name-69"/>Susan Plant</persName>, with intent to ravish her.</rs> </p>
<p>
<hi rend="smallCaps">MR. STEPHENS</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. SANDS</hi>
<hi rend="italic">Defended Giddins.</hi> </p>
<p>
<hi rend="largeCaps">BERROWS</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">FRANCIS</hi>,
<hi rend="smallCaps">
<rs id="t18940723-605-verdict-1" type="verdictDescription">
<interp inst="t18940723-605-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-605-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18940723-605-punishment-17" type="punishmentDescription">
<interp inst="t18940723-605-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-605-punishment-17" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-605-18940723 t18940723-605-punishment-17"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-605-18940723 t18940723-605-punishment-17"/>of an indecent assault.—Six Months' Hard Labour each</rs>.</hi> </p>
<p>
<hi rend="largeCaps">GIDDINS</hi>,
<hi rend="smallCaps">
<rs id="t18940723-605-verdict-2" type="verdictDescription">
<interp inst="t18940723-605-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18940723-605-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18940723-606">
<interp inst="t18940723-606" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-606" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-606-charge-1" targOrder="Y" targets="def1-606-18940723 t18940723-606-offence-1 t18940723-606-verdict-1"/>
<join result="criminalCharge" id="t18940723-606-charge-2" targOrder="Y" targets="def1-606-18940723 t18940723-606-offence-2 t18940723-606-verdict-1"/>
<p>606.
<persName id="def1-606-18940723" type="defendantName">
<interp inst="def1-606-18940723" type="gender" value="male"/>
<interp inst="def1-606-18940723" type="age" value="26"/>
<interp inst="def1-606-18940723" type="surname" value="FOULSER"/>
<interp inst="def1-606-18940723" type="given" value="ALBERT JOHN"/>
<hi rend="largeCaps">ALBERT JOHN FOULSER</hi> (26)</persName>
<rs id="t18940723-606-offence-1" type="offenceDescription">
<interp inst="t18940723-606-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-606-offence-1" type="offenceSubcategory" value="extortion"/>
<hi rend="smallCaps">
<rs id="t18940723-606-verdict-1" type="verdictDescription">
<interp inst="t18940723-606-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-606-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to unlawfully demanding £200 by menaces; </rs>
<hi rend="italic">also</hi>
<rs id="t18940723-606-offence-2" type="offenceDescription">
<interp inst="t18940723-606-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18940723-606-offence-2" type="offenceSubcategory" value="forgery"/>to forging and uttering an order for the payment of £200 with intent to defraud.—</rs>
<hi rend="italic">
<rs id="t18940723-606-punishment-18" type="punishmentDescription">
<interp inst="t18940723-606-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-606-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-606-18940723 t18940723-606-punishment-18"/>Nine Months' Hard Labour.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18940723-607">
<interp inst="t18940723-607" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-607" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-607-charge-1" targOrder="Y" targets="def1-607-18940723 t18940723-607-offence-1 t18940723-607-verdict-1"/>
<join result="criminalCharge" id="t18940723-607-charge-2" targOrder="Y" targets="def1-607-18940723 t18940723-607-offence-2 t18940723-607-verdict-1"/>
<p>607.
<persName id="def1-607-18940723" type="defendantName">
<interp inst="def1-607-18940723" type="gender" value="male"/>
<interp inst="def1-607-18940723" type="age" value="29"/>
<interp inst="def1-607-18940723" type="surname" value="GOAD"/>
<interp inst="def1-607-18940723" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES GOAD</hi> (29)</persName>
<rs id="t18940723-607-offence-1" type="offenceDescription">
<interp inst="t18940723-607-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18940723-607-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering orders for 12s. and £1 18s. 6d.; </rs>
<hi rend="italic">also</hi>
<rs id="t18940723-607-offence-2" type="offenceDescription">
<interp inst="t18940723-607-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18940723-607-offence-2" type="offenceSubcategory" value="fraud"/>to obtaining 12s., 30s., 35s., and an order for £1 11s. 6d., with intent to defraud.—</rs>
<rs id="t18940723-607-verdict-1" type="verdictDescription">
<interp inst="t18940723-607-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-607-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18940723-607-punishment-19" type="punishmentDescription">
<interp inst="t18940723-607-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-607-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-607-18940723 t18940723-607-punishment-19"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-608">
<interp inst="t18940723-608" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-608" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-608-charge-1" targOrder="Y" targets="def1-608-18940723 t18940723-608-offence-1 t18940723-608-verdict-1"/>
<p>608.
<persName id="def1-608-18940723" type="defendantName">
<interp inst="def1-608-18940723" type="gender" value="male"/>
<interp inst="def1-608-18940723" type="age" value="52"/>
<interp inst="def1-608-18940723" type="surname" value="STOCKHAM"/>
<interp inst="def1-608-18940723" type="given" value="HENRY JOHN"/>
<hi rend="largeCaps">HENRY JOHN STOCKHAM</hi> (52)</persName>
<rs id="t18940723-608-offence-1" type="offenceDescription">
<interp inst="t18940723-608-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18940723-608-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18940723-name-73" type="victimName">
<interp inst="t18940723-name-73" type="gender" value="female"/>
<interp inst="t18940723-name-73" type="surname" value="SCRIVENS"/>
<interp inst="t18940723-name-73" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-608-offence-1 t18940723-name-73"/>Elizabeth Scrivens</persName>, with intent to do her grievous bodily harm.</rs> </p>
<p>
<hi rend="italic">The prisoner stated in the hearing of the</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">that he was guilty of the wounding, but not of the intent.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-608-verdict-1" type="verdictDescription">
<interp inst="t18940723-608-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-608-verdict-1" type="verdictSubcategory" value="lesserOffence"/>GUILTY of unlawfully wounding.—</rs> </hi>
<hi rend="italic">
<rs id="t18940723-608-punishment-20" type="punishmentDescription">
<interp inst="t18940723-608-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-608-punishment-20" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-608-18940723 t18940723-608-punishment-20"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-609">
<interp inst="t18940723-609" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-609" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-609-charge-1" targOrder="Y" targets="def1-609-18940723 t18940723-609-offence-1 t18940723-609-verdict-1"/>
<p>609.
<persName id="def1-609-18940723" type="defendantName">
<interp inst="def1-609-18940723" type="gender" value="male"/>
<interp inst="def1-609-18940723" type="surname" value="MAN"/>
<interp inst="def1-609-18940723" type="given" value="WALTER EASTER"/>
<hi rend="largeCaps">WALTER EASTER MAN</hi> </persName>
<rs id="t18940723-609-offence-1" type="offenceDescription">
<interp inst="t18940723-609-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18940723-609-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18940723-name-75" type="victimName">
<interp inst="t18940723-name-75" type="gender" value="female"/>
<interp inst="t18940723-name-75" type="surname" value="EASTER"/>
<interp inst="t18940723-name-75" type="given" value="LOUISA"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-609-offence-1 t18940723-name-75"/>Louisa Easter</persName>-man, with intent to do her grievous bodily harm.</rs> </p>
<p>
<hi rend="italic">The prisoner, in the hearing of the</hi>
<hi rend="smallCaps">JURY</hi>,
<hi rend="italic">said that he wounded the prosecutrix, but did not intend to do her grievous bodily harm.</hi> </p>
<p>
<rs id="t18940723-609-verdict-1" type="verdictDescription">
<interp inst="t18940723-609-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-609-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY </hi>
<hi rend="italic">of unlawfully wounding</hi> </rs>.—
<rs id="t18940723-609-punishment-21" type="punishmentDescription">
<interp inst="t18940723-609-punishment-21" type="punishmentCategory" value="noPunish"/>
<interp inst="t18940723-609-punishment-21" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-609-18940723 t18940723-609-punishment-21"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18940723-610">
<interp inst="t18940723-610" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-610" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-610-charge-1" targOrder="Y" targets="def1-610-18940723 t18940723-610-offence-1 t18940723-610-verdict-1"/>
<p>610.
<persName id="def1-610-18940723" type="defendantName">
<interp inst="def1-610-18940723" type="gender" value="male"/>
<interp inst="def1-610-18940723" type="age" value="22"/>
<interp inst="def1-610-18940723" type="surname" value="JONES"/>
<interp inst="def1-610-18940723" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED JONES</hi> (22)</persName>
<rs id="t18940723-610-offence-1" type="offenceDescription">
<interp inst="t18940723-610-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-610-offence-1" type="offenceSubcategory" value="pocketpicking"/>
<hi rend="smallCaps">
<rs id="t18940723-610-verdict-1" type="verdictDescription">
<interp inst="t18940723-610-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-610-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>** to stealing a purse and 1s. 2 1/2d. from the person of
<persName id="t18940723-name-77" type="victimName">
<interp inst="t18940723-name-77" type="gender" value="male"/>
<interp inst="t18940723-name-77" type="surname" value="COHEN"/>
<interp inst="t18940723-name-77" type="given" value="HETTIE"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-610-offence-1 t18940723-name-77"/>Hettie Cohen</persName>; and to a conviction of felony at Clerkenwell in April, 1889, in the name of William Davis.</rs> </p>
<p>
<hi rend="italic">
<rs id="t18940723-610-punishment-22" type="punishmentDescription">
<interp inst="t18940723-610-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-610-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-610-18940723 t18940723-610-punishment-22"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 25
<hi rend="italic">th</hi>, 1894.</p>
<p>
<hi rend="italic">Before Mr. Justice Lawrance.</hi> </p>
<div1 type="trialAccount" id="t18940723-611">
<interp inst="t18940723-611" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-611" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-611-charge-1" targOrder="Y" targets="def1-611-18940723 t18940723-611-offence-1 t18940723-611-verdict-1"/>
<p>611.
<persName id="def1-611-18940723" type="defendantName">
<interp inst="def1-611-18940723" type="gender" value="male"/>
<interp inst="def1-611-18940723" type="age" value="45"/>
<interp inst="def1-611-18940723" type="surname" value="CLEMENTS"/>
<interp inst="def1-611-18940723" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD CLEMENTS</hi> (45)</persName>
<rs id="t18940723-611-offence-1" type="offenceDescription">
<interp inst="t18940723-611-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18940723-611-offence-1" type="offenceSubcategory" value="murder"/>, Indicted for the wilful murder of
<persName id="t18940723-name-79" type="victimName">
<interp inst="t18940723-name-79" type="gender" value="female"/>
<interp inst="t18940723-name-79" type="surname" value="CLEMENTS"/>
<interp inst="t18940723-name-79" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-611-offence-1 t18940723-name-79"/>Elizabeth Clements</persName>. Upon the evidence of
<persName id="t18940723-name-80">
<interp inst="t18940723-name-80" type="gender" value="male"/>
<interp inst="t18940723-name-80" type="surname" value="WALKER"/>
<interp inst="t18940723-name-80" type="given" value="GEORGE EDWARD"/>Dr. George Edward Walker</persName>, surgeon to Her Majesty's prison of Holloway, the
<hi rend="smallCaps">JURY</hi> found the prisoner</rs> </p>
<xptr type="pageFacsimile" doc="189407230012"/>
<p>
<rs id="t18940723-611-verdict-1" type="verdictDescription">
<interp inst="t18940723-611-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-611-verdict-1" type="verdictSubcategory" value="insane"/>to be insane, and unable to plead. </rs>
<hi rend="italic">
<rs id="t18940723-611-punishment-23" type="punishmentDescription">
<interp inst="t18940723-611-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-611-punishment-23" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-611-18940723 t18940723-611-punishment-23"/>Ordered to be detained until Her Majesty's pleasure be known.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-612">
<interp inst="t18940723-612" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-612" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-612-charge-1" targOrder="Y" targets="def1-612-18940723 t18940723-612-offence-1 t18940723-612-verdict-1"/>
<p>612.
<persName id="def1-612-18940723" type="defendantName">
<interp inst="def1-612-18940723" type="gender" value="male"/>
<interp inst="def1-612-18940723" type="age" value="37"/>
<interp inst="def1-612-18940723" type="surname" value="CARTER"/>
<interp inst="def1-612-18940723" type="given" value="WALTER JOHN"/>
<hi rend="largeCaps">WALTER JOHN CARTER</hi> (37)</persName> was indicted
<rs id="t18940723-612-offence-1" type="offenceDescription">
<interp inst="t18940723-612-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18940723-612-offence-1" type="offenceSubcategory" value="murder"/> for, and charged on the Coroner's inquisition with, the wilful murder of
<persName id="t18940723-name-82" type="victimName">
<interp inst="t18940723-name-82" type="gender" value="male"/>
<interp inst="t18940723-name-82" type="surname" value="CARTER"/>
<interp inst="t18940723-name-82" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-612-offence-1 t18940723-name-82"/>Alfred Carter</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CHARLES MATHEWS AND HORACE AVORY</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. MARSHALL HALL</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-83" type="witnessName">
<interp inst="t18940723-name-83" type="gender" value="female"/>
<interp inst="t18940723-name-83" type="surname" value="CARTER"/>
<interp inst="t18940723-name-83" type="given" value="SARAH ANN"/>SARAH ANN CARTER</persName> </hi>. I am the widow of Alfred Carter, of 22, Pychley Villas, Lancaster Road, Leytonstone—the prisoner is his brother—he lodged with us for twelve months, on the day after the Royal wedding—he paid us so much a week—on the 25th June last he owed us £3 15s. 2d.; but I could only think of 15s. 2d. at the time, as I had lost the paper; but it was £3 15s. 2d.—he was employed at the Meat Market, and my husband also was employed there—on the 25th June the prisoner came home at half-past five in the evening; he was very tipsy—I and my husband went out about twenty-five minutes to seven; we re
<lb/>turned at eleven o'clock—the prisoner was then in bed—my husband went up to him, and I followed him shortly after—my husband asked him what he had been scolding the children for—my little daughter had made a complaint to me—the prisoner called his brother a b—liar, and said, "I will hit you if you don't get out of the bedroom"—I said, "I shall be here to see if you do,' and I said to my husband, "Come down to supper"—the prisoner said, "All I owe Nellie is 1s. 2d."—my husband had said something to him about money on the Sunday, but nothing paused about it on the Monday—on the Sunday morning Alfred asked him if he was going to pay me some money, as he knew he had money by him—he asked him for the money, and he said he had not got any—he said, "Then you had money very lately; if you can find money to drink, you can find money to pay me"—he said he only owed me 1s. 2 1/2d.—next morning, 26th June, my husband left home at a quartet" to four; I heard him call "Walter," and the prisoner answered, "All right, Alfred," in a friendly tone, just the same as usual—the prisoner left at ten minutes past five; neither of them returned on the Wednesday—afterwards I went into the prisoner's room and found this paper on the mantelshelf—it is the prisoner's writing. (
<hi rend="italic">Read:</hi> "Dear Brother and Sister,—My troubles are too much on one brother. Kind love to all.—
<hi rend="largeCaps">W. J. C</hi>. "</p>
<p>
<hi rend="italic">Cross-examined.</hi> My brother was older than the prisoner—there were three other brothers, George, Frank, and William—in March last year I remember the prisoner going to St. Bartholomew's Hospital for a bad attack of pneumonia; after he came out of the hospital he went to a convalescent home at Newbury for some weeks; he had another attack in May the same year—he went to St. Bartholomew's Hospital, and after
<lb/>wards to a convalescent home at Swanley—I do not remember his having an attack of influenza—after the pneumonia he was very sullen and would not talk to anyone—he was mostly quiet to us and the children; it was difficult to get any information from him about himself or anything—he was not despondent—in September I remember his trying to cut his throat with a knife, and the same night he tried to kill himself by putting his head down the water closet—I remember his tak
<lb/>ing</p>
<xptr type="pageFacsimile" doc="189407230013"/>
<p>a dose of carbolic and being very ill after it; that was towards the end of last year—on another occasion he put a lot of disinfectant into the soup; while the prisoner was under remand I went to see him in Holloway Prison—he wrote two letters to me thanking us for our kind
<lb/>ness—my husband had been very kind indeed to him; he took a great interest in him, and did all he could to help him—he had given way to drink, and my husband did all he could to prevent him, and he used to write to his mother about him, and we were hopeful that he was getting better—I did not know Frank at all—when the prisoner was sober he was fond of my husband—they had always been the best of friends; the prisoner said my husband was the best friend he had in the world—there was no reason, as far as I know, why he should have done this dreadful thing.</p>
<p>
<hi rend="italic">Re-examined.</hi> The prisoner drank heavily—this event happened on the anniversary of the day he came to live with us; he was not living with us in March and May, 1893, when he went to St. Bartholomew's Hospital—I cannot tell where he was living then; he would never tell us; only that it was somewhere in Whitechapel—he was a very hard drinker ever since he came to us; it took a great deal to upset him, but he took quite enough to do so—on the occasion about the money there was no bad friendship whatever, we were just on the usual terms—I could not exactly tell whether he was drunk on the Sunday afternoon, because he went out to get it himself; so I don't know what he had—I did not see that he was drunk then—on the Monday he went out to two public-houses after we went out, and had a lot of rum—he came home about half-past four or five, and there was a discussion, and he wanted to hit my husband—he had had a little to drink then, not much—he was drunk—beyond that I had not noticed anything at all about him, nothing that drunkenness would not account for—on the morning of the 26th my husband went out about a quarter to four—he called out to the prisoner, and he answered, "All right, Alfred," quite as usual, and he afterwards followed him out to go to his business—my husband was employed at Messrs. Frost and Co., 73, in the Central Meat Market—he went up by train from Leytonstone—the prisoner knew where my husband worked—the prisoner was employed as a porter in the Meat Market—my husband was a meat salesman—I went to Holloway and saw the prisoner after receiving from him this letter; it is in his handwriting. (
<hi rend="italic">Read:</hi> "
<hi rend="largeCaps">H. M</hi>. Prison, Holloway, July 5th, 1894. Dear Sister,—I am writing to you to ask you to forgive me for what I have done, for I have no more recollection about it at all; only what I have heard at the Police-courts. The very same morning we was talking together about half-past nine, and he asked me if I was done, and I said yes, all right. He says, 'I'll see you before you go.' I said, 'I shan't go before you go,' and he says all right, and he went in the shop, and I don't remember seeing Alf since. We was on the best of terms when he was speaking to me. I had no animosity against Alf in the least. Two can visit me any day in the week except Sunday. You can show this to all. I shall be glad if you can cheer up and write, if it is only two or three lines. Give my very best love to the children and yourself.—I remain, your unfortunate brother,
<hi rend="smallCaps">WALTER</hi>. Remember me to all. I shall write to George and Sarah")—they are my brother and his wife—I went and saw him—I</p>
<xptr type="pageFacsimile" doc="189407230014"/>
<p>should not have known him had he not noticed me, and called out "Nell"—he seemed very well—he said he felt quite prepared for his fate, what he had to go through, and felt very well indeed—he seemed the same as he usually did when he was without drink—I afterwards received this other letter from him. (
<hi rend="italic">Read:</hi> "H.M. Prison, Holloway, 12th July, 1894. My dear Sister,—I was so pleased to see you last Tuesday. I was sorry that Amelia (my sister) could not come in. I am sure I thank you very much for what you have done; I often think as I am sitting alone how nice and comfortable I was at your place, just the same as being at home, and how well both of you looked after my welfare, and then a gloom to come all at once like this. It very near breaks my heart to think of it, as I was so improving both in health and in strength. I can't explain my feelings enough, the kindness which was shown to me whilst I was staying with you both by yourself and my brother Alf. Dear sister, I hope and trust you will get all right again; it is a lot of trouble to be both on your hands and mind. Give my very best love to the children. I wrote to Alice yesterday to answer her letter; I told her the date of my trial, the 23rd of this month. I told her you was here to see me on Tuesday; I must conclude now with my very best love to you, from your unfortunate brother,
<hi rend="smallCaps">WALTER</hi>. Give my love to your mother and all"—I went again last Saturday and saw him; he appeared very well then, to my idea—I did not see any difference in him from what he was when sober—it was on a Friday night in Sep
<lb/>tember, about half-past ten, when he attempted to cut his throat—he was then living with us; he put the knife across his throat; he did not cut himself; I took the knife from him—he was very intoxicated indeed at that time; it was later on the same evening that he tried to kill himself by putting his head down the w.c.; he deliberately went through the kitchen, and did it directly after I took the knife from him; he was still very drunk—I went and took hold of him, and pulled him through into the back parlour—after that he went to bed—he was then so drunk as not to know what he was doing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-84" type="witnessName">
<interp inst="t18940723-name-84" type="gender" value="female"/>
<interp inst="t18940723-name-84" type="surname" value="CARTER"/>
<interp inst="t18940723-name-84" type="given" value="ELEANOR SARAH"/>ELEANOR SARAH CARTER</persName> </hi>. I am eleven years old—I am the daughter of the last witness, and a niece of the prisoner—on Monday, 25th June, I saw the prisoner in the house at Pychley Villas—he asked me for some paper—I tore a piece out of my copy-book, and gave it to him; he wrote something on it—I don't know what it was—that was in the evening; I could not tell the time; it was after my mother had gone out—it was dark—while he was writing he said to me, "Your mother will hear of this to-morrow"—mother was not in the house at that time—this (
<hi rend="italic">produced</hi>) is the piece of paper I gave him—he was not sober at the time—I could see that—he scolded me and my two brothers, they are smaller than me—he was cross—the last I saw of him that night was in the kitchen; he went up to bed before me, that was not long after he had been writing on the paper; the scolding was after he was writing—I don't know why he was cross—he said. "Now, children, why can't you go to bed?"—I said, "Mother said I was to sit up till she came back"—I saw her when she came back.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The prisoner was generally very kind to me; he was fond of us, and made pets of us.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-85" type="witnessName">
<interp inst="t18940723-name-85" type="gender" value="male"/>
<interp inst="t18940723-name-85" type="surname" value="DAVEY"/>
<interp inst="t18940723-name-85" type="given" value="JAMES"/>JAMES DAVEY</persName> </hi>. I am a butcher's cutter, employed by Mr. Lyon, 104,</p>
<xptr type="pageFacsimile" doc="189407230015"/>
<p>Central Meat Market—I have known the prisoner about two years, and his brother, the deceased, for a number of years—the prisoner was not exactly employed by the firm of Messrs. Lyon, he was in the habit of packing in the market for Mr. Lyon and other persons—early on the morning of June 26th I saw him in the shop, on and off till eleven—I was sharpening knives in the shop, this knife amongst others; it is an ordinary butcher's knife—the prisoner was there when I was doing it—when I had sharpened it I left it on the block—I did not miss it till after I heard of this crime; I then saw it at the Police-station—I did not see any diffe
<lb/>rence in the prisoner's demeanour, it was about the same as usual.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He was in and out between eleven and twelve—I called his attention to the knives by asking him to fetch some water to wet the stone with; he did so—the deceased was a man who was very well liked in the market—I always thought the prisoner was a very reserved, sullen sort of man.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-86" type="witnessName">
<interp inst="t18940723-name-86" type="gender" value="male"/>
<interp inst="t18940723-name-86" type="surname" value="HITCHEN"/>
<interp inst="t18940723-name-86" type="given" value="GEORGE"/>GEORGE HITCHEN</persName> </hi>. I am scale man, employed by Messrs. Frost, at 73, Central Meat Market—the deceased, Alfred Carter, was employed there—I have known the prisoner as being employed in the market—about five minutes to twelve on 26th June I was sitting on the meat board in Messrs. Frost's shop—a man named Underwood was in the shop standing near the desk, and the deceased was standing near the scale—I saw the prisoner come down the shop with a knife in his hand, carrying it straight down by his side; he passed me up to his brother very quietly, and thrust the knife into his breast, and said, "That is how I will serve you"—he then dropped the knife, and walked quietly out of the shop, as if nothing had happened—the deceased began to scream, and called out, "I am stabbed"—assistance was given to him, and he was taken to the hospital—in a short time the prisoner was brought back by Constable Harvey—I don't think he said a word—he was taken away immediately—this is the knife—I had known the deceased for some time, and the prisoner for seven years, I think—I saw no difference in his manner that morning from his ordinary manner.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-87" type="witnessName">
<interp inst="t18940723-name-87" type="gender" value="male"/>
<interp inst="t18940723-name-87" type="surname" value="UNDERWOOD"/>
<interp inst="t18940723-name-87" type="given" value="EDWARD"/>EDWARD UNDERWOOD</persName> </hi>. I am a waiter employed at 83, Charterhouse Street—On Tuesday, 26th June, at twelve at noon, I was in Frost's shop standing at the desk talking to one of the clerks there—I did not see the prisoner come in, I first saw him when I turned round—the deceased tapped me on the shoulder to speak to me, and as I turned round I saw the knife go into his breast—the knife was in the prisoner's hand—I had not heard him come up—I saw him draw the knife out of the wound, and he dropped it directly as he was going out of the shop; he carried it about two yards—as he stabbed his brother he said, "That is how I will serve you!"—the deceased ran to the top of the shop and screamed out, "I am stabbed, I am stabbed, my brother has stabbed me"—the prisoner walked out rather quietly—I did not see him after he left the shop—I saw the constable pick up the knife.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-88" type="witnessName">
<interp inst="t18940723-name-88" type="gender" value="male"/>
<interp inst="t18940723-name-88" type="surname" value="PIPER"/>
<interp inst="t18940723-name-88" type="given" value="GEORGE JAMES"/>GEORGE JAMES PIPER</persName> </hi>. I an assistant to Messrs. Frost, where the deceased was employed—on 26th June I went out of the shop with the deceased, and came back about twelve in the day—the deceased went and stood near the scales in the shop—I went to the top of the shop—whilst I was standing there I heard the deceased screaming out, "I am stabbed"—he did not say by whom—I turned round and saw the prisoner going</p>
<xptr type="pageFacsimile" doc="189407230016"/>
<p>out of the shop—he had nothing in his hand at that time—I followed him out of the shop—he turned to the right—I caught hold of his arm—not a word was spoken by me or him—Constable Harvey came up—I spoke to him, and he took the prisoner in charge—I went after the deceased, who was running as best he could till he fell, and we carried him to the hospital—I have known both the brothers some time, the deceased about four years and the prisoner about the same time—I saw nothing different in the prisoner that day; the same as usual.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-89" type="witnessName">
<interp inst="t18940723-name-89" type="gender" value="male"/>
<interp inst="t18940723-name-89" type="surname" value="POTTS"/>
<interp inst="t18940723-name-89" type="given" value="JOSEPH"/>JOSEPH POTTS</persName> </hi>. I am a porter in the Meat Market—I have known the prisoner and deceased for some years—I saw the prisoner about five minutes to twelve on the 26th June standing outside Lyons' shop—he had nothing in his hand at that time—I walked up to the top of the market, and as I was turning back I saw him with the knife—he had it down by his side, in his right hand—the blade was hanging down, anybody could see it he was going towards Frost's shop—I did not speak to him—he seemed all right, as usual.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He was not a very talkative man at the best of times.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-90" type="witnessName">
<interp inst="t18940723-name-90" type="gender" value="male"/>
<interp inst="t18940723-name-90" type="surname" value="HARVEY"/>
<interp inst="t18940723-name-90" type="given" value="HARRY"/>HARRY HARVEY</persName> </hi> (267
<hi rend="italic">City</hi>). On 26th June, about twelve, I was in the central roadway of the Meat Market—I heard someone screaming from the shop 73—I went towards it—as I was nearing the shop I saw the prisoner leaving it walking, followed by his brother, who was scream
<lb/>ing—I heard him say "Stabbed!"—I followed after the prisoner—I went up to him and told him he was to come back—he made no answer; I took him back to the shop—the deceased had then gone to the hospital—in the hearing of the prisoner I asked for the knife with which he had stabbed the deceased—the witness Hitchin pointed to it lying on the board; this is it—I took the prisoner to the station—he said nothing on the way—he was detained there—he did not speak from the moment I approached him till I took him to the station—I went to St. Bartholomew's Hospital and saw the deceased—I then went back to the station, where the prisoner was charged with the wilful murder of his brother, Alfred Carter, by stabbing him in the right breast—he was then dead—Inspector Palmer gave him the usual caution—the prisoner said, "I am very sorry, I did not know what I was doing"—when I returned from the hospital he said, "Is he dead?"—I said, "Yes"—he said, "You don't mean to say it?"—he then commenced to sob; that was all he said—at the Police-court he began to make a statement, but was stopped—he was taken before the Magistrate the same day—as far as I saw he was sober—I had known him in the market some years—I was speaking to him almost daily—he did not seem any different that day.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-91" type="witnessName">
<interp inst="t18940723-name-91" type="gender" value="male"/>
<interp inst="t18940723-name-91" type="surname" value="FURNIVAL"/>
<interp inst="t18940723-name-91" type="given" value="PERCY"/>PERCY FURNIVAL</persName> </hi>. I am house surgeon at St. Bartholomew's Hospital—I saw the deceased on his admission—he died about ten minutes after
<lb/>wards—I was present at the post-mortem examination—the wound was an incised wound, half an inch to the right, half an inch above the right nipple, about an inch and a quarter in length—it passed obliquely down-wards and backwards to the left; it was about seven inches in depth, it went right through to the heart, and penetrated the heart in two places—I have seen this knife—it might have caused the wound—I found a bloodstain on it at about seven inches and three-quarters—I</p>
<xptr type="pageFacsimile" doc="189407230017"/>
<p>measured it—considerable violence must have been used; the cartilage of one of the ribs on the right side was nearly cut through.</p>
<p>
<hi rend="italic">The prisoner's statement before the Magistrate:</hi> All that I have to say is that I have no recollection at all about it.</p>
<p>
<hi rend="italic">Witnesses for the defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-92" type="witnessName">
<interp inst="t18940723-name-92" type="gender" value="female"/>
<interp inst="t18940723-name-92" type="surname" value="RILEY"/>
<interp inst="t18940723-name-92" type="given" value="ANNA MARIA"/>ANNA MARIA RILEY</persName> </hi>. I am a sister of the prisoner—I have a brother Frank; he has been afflicted with epileptic fits from his birth—he is now about forty years of age; the fits continue—I have an aunt who was always of weak intellect, but after the birth of one of her children she became insane and died in Stafford Lunatic Asylum—the prisoner went twice to St. Bartholomew's Hospital for pneumonia, and afterwards to a convalescent home—I thought he had influenza, but I was afterwards told it was not, it was pneumonia—I knew he went to Swanley—I heard he had an operation about eighteen months ago; he inserted some instrument to remove some mucus from up his nose, and he afterwards complained of pains in the forehead—he has always been a reserved man, I believe—I have not seen much of him lately—I have a brother George, and a sister Alice—my mother is still alive.</p>
<p>
<hi rend="italic">Cross-examined.</hi> It is five or six years since I have seen anything of him—I have been living at Swindon for the last five or six years, and have seen nothing of him—my eldest brother finds some employment for Frank; he would not be fit to follow any employment; he follows that employment—I think it is nearly twenty years ago that my aunt had the child—I knew my aunt, and know she was of weak intellect afterwards; I did not see her after she became insane—I think she died about fifteen years ago in, I believe, Stafford Asylum—I last saw her more than twenty years ago—she was my mother's sister—my mother is perfectly sane, and my father, too—the operation on the prisoner's nose was about eighteen months ago.</p>
<p>
<hi rend="italic">Re-examined.</hi> I believe I did not communicate this matter about my aunt until yesterday.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-93" type="witnessName">
<interp inst="t18940723-name-93" type="gender" value="female"/>
<interp inst="t18940723-name-93" type="surname" value="CARTER"/>
<interp inst="t18940723-name-93" type="given" value="ALICE MARY"/>ALICE MARY CARTER</persName> </hi>. I live in Wales—I am sister of the prisoner and the deceased—I saw the prisoner in the early part of this year—he had just recovered from an illness a few months before, pneumonia—he was in the hospital—I can hardly tell you what his general health had been; I have not been with him—in February this year I went on a visit to my brother George at Walthamstow—I saw the prisoner there; he said that he had queer pains in his head and felt very queer at times, he hardly knew what he was doing at times, the pain was very bad; that it did not last for long together—he was on very good terms with the deceased and George; he said the deceased was his best friend—he had been very kind to me—his family knew of his habit of drinking.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I never saw him drink to excess—it was known that he was unsteady, because he drank—I think I had last seen him about two or three years ago, until February or March this year—I was with him then about an hour or two one evening, and then the next day—we have walked together—that was at my brother George's—he was staying At Alfred's ever since I went back to Wales—he did not tell me that the pains in his head were after he had been drinking—I concluded it was from the effects of his two illnesses—he told me it was since his illness;</p>
<xptr type="pageFacsimile" doc="189407230018"/>
<p>he did not ascribe them to drink, nor did I—he was quite sober when I saw him, and seemed quite rational.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-94" type="witnessName">
<interp inst="t18940723-name-94" type="gender" value="male"/>
<interp inst="t18940723-name-94" type="surname" value="CARTER"/>
<interp inst="t18940723-name-94" type="given" value="GEORGE"/>GEORGE CARTER</persName> </hi>. I live at Walthamstow, and am a brother of the prisoner and the deceased—I have not seen a great deal of them for the last few years—I saw the prisoner last February; he was then living with Alfred, and as far as I could see they were on the best of terms—the prisoner told me that he was very much indebted to Alfred for what he had done for him—I have not heard him complain of pains in his head—I cannot find out that he had influenza last year.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-95" type="witnessName">
<interp inst="t18940723-name-95" type="gender" value="female"/>
<interp inst="t18940723-name-95" type="surname" value="CARTER"/>
<interp inst="t18940723-name-95" type="given" value="SARAH ANN"/>SARAH ANN CARTER</persName> </hi>. I am the wife of George Carter—last August Bank Holiday the prisoner came and saw me at Walthamstow; that was about a month after he had come out of the Convalescent Home at Swanley—he looked as though he had been ill—he said how very low and depressed he felt; he felt as though he could make away with himself—I asked him what he did when he felt like that—he said he got up and moved about when the feeling came on him—I saw more of him the last three years than previously—he and Alfred were on the best of terms—he was very grateful to Alfred for what he had done for him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He seemed very weak on the Bank Holiday—I think he was at work at that time; I am not sure—I think he continued on at his work from that time—I saw him again in February this year; he was then better, but still complained of feeling terribly low and depressed—I saw no more of him between February and June—it was at Leytonstone I saw him in February; I saw him in the afternoon and evening.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-96" type="witnessName">
<interp inst="t18940723-name-96" type="gender" value="male"/>
<interp inst="t18940723-name-96" type="surname" value="BASTIAN"/>
<interp inst="t18940723-name-96" type="given" value="HENRY CHARLTON"/>HENRY CHARLTON BASTIAN</persName> </hi>. I reside at 8a, Manchester Square—I am an M.D., a Fellow of the Royal Society and the College of Physicians, and surgeon to the Hospital for the Paralytic and Epileptic—I have made a study of insanity, especially the branch which deals with epilepsy—in consequence of a communication from the Treasury solicitor I examined the prisoner at Holloway Prison on the 18th and 21st June—I have been frequently employed by the Treasury for a similar purpose—I had the depositions in the case before me, and I had also seen Dr. Walker and had a conference with him, and I have come to the conclusion that the prisoner is now quite of sound mind—I found no evidence of brain disease—I could find no history of epilepsy in him; nor did he give me any history of epilepsy in the family—I did not make any official report to the Treasury—I formed an opinion, and communicated that opinion to the Treasury—there is a well-known form of insanity known as impulsive insanity—a person may be absolutely sane upon a subject, except when homicidal mania comes on him; that is a well-known acknowledged form—it is generally of very short duration—assuming that the prisoner was not intoxicated at the time, that there was an insufficient motive, and that he was in his ordinary state of mind at the time, all the probabilities seem to me to be in favour of some temporary mental aberration—in their ordinary condition homicidal mania does not reveal itself—I should not attach much importance to reserve or sullenness; if a man has been sub
<lb/>ject to epileptic fits, that would be a matter of very great importance—having regard to there being epilepsy in the family, that decidedly tends to strengthen the opinion I had previously formed—there are three things especially to which I attach importance: first, that he should do this act in the day, and in the place, when he might well have done it elsewhere;</p>
<xptr type="pageFacsimile" doc="189407230019"/>
<p>secondly, that after he had done it he should be perfectly silent and quiet, and not excited; and thirdly, the utter improbability that a man of no education should allege as a justification that he had no recollection of what he had done—my reason for this thirdly is that I think it is characteristic of these cases of impulsive acts following epilepsy, that is, the absence of memory of the deeds that have been performed under these circumstances—I have met with many such cases—the time at which loss of memory occurs varies; it might be a few minutes or a longer period—I have had considerable opportunities of judging of the demeanour of persons, whether they are wilfully concealing or shamming—the prisoner's manner was certainly such as to make me think that he was really speaking the truth.</p>
<p>
<hi rend="italic">Cross-examined.</hi> As far as I could gather, he was of perfectly sound mind when I saw him at Holloway—he was perfectly calm and collected, and there was nothing at all remarkable, either about his appearance or manner—he had a mild sort of manner—there was no evidence of insanity—I had seen the second letter written to Mrs. Alfred Carter; the other I saw at my second interview—I spoke to the prisoner about it and he recollected that perfectly—his remark to me was that he recollected nothing after that act, or a short time after it—he said he had no recol
<lb/>lection of the sharpening of the knife, as reported to me, that was the time his memory began to fail—I speak from his statement to me and to others—his statements were uniform with regard to that—of course I am dependent upon his statements—the loss of recollection is one of the three things I have spoken of—at the time he made that statement he was, as far I could ascertain, of perfectly sound mind and understanding—he seemed scarcely to realise that he would have to take his trial for murder—I never put it to him in that way—I imagine he was able to appreciate that he was about to take his trial for murder—in the letter of 12th July he speaks of the date of 23rd July, when he would come up for trial—of course he knew at that time all about it—the three reasons I have given cannot be separated, or dealt with separately; it is the grouping of them that is important—the non-recollection is important, not simply with reference to this case, but from my knowledge of previous cases—I attach great importance to that certainly—if in a diseased state heavy drinking would pre-dispose him to epilepsy—I could ascertain no history of epilepsy as far as regards himself; if there had been, it would have been a considerable guide to me in forming my opinion as to whether this had been epileptic insanity—I do not know that he had or had not fits of any kind—he did not tell me of fits in the family—there was no attempt to exonerate himself as far as I could see—I have known many men have fits after drunken bouts without any previous epileptic fits.</p>
<p>
<hi rend="italic">Re-examined.</hi> There is no motive in my mind why I should give a false opinion on this matter—I am absolutely colourless; I come as a friend of the Court—no hint was ever given to me as to what opinion I should form; I formed my opinion from the facts.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-97" type="witnessName">
<interp inst="t18940723-name-97" type="gender" value="male"/>
<interp inst="t18940723-name-97" type="surname" value="WALKER"/>
<interp inst="t18940723-name-97" type="given" value="GEORGE EDWARD"/>GEORGE EDWARD WALKER</persName> </hi>. I am medical officer at Her Majesty's Prison, Holloway—the prisoner has been under my care whilst in the prison and in the infirmary—I examined him on several occasions, and I formed a certain opinion, which I communicated to the Treasury in the form of a report—it was an opinion as to his responsibility at the date</p>
<xptr type="pageFacsimile" doc="189407230020"/>
<p>when this crime was committed—Dr. Bastian was called in, independently of my opinion—he is looked upon as the highest authority upon insanity—I have made some memoranda in a note-book as to the result of my investigation, and I have set out eleven reasons as the basis of my opinion—the first is the absence of any rational motive; also assuming the absence of intoxication, that the deed was done at full noonday in the presence of four or five witnesses; I think that shows that the man was irre
<lb/>sponsible at the time, although it is not actual proof—I agree with what Dr. Bastian has said with regard to impulsive homicidal mania—I also agree with him as to the absence of recollection of what was actually done after the impulse had subsided, although there might be a vivid recollection of all that preceded and subsequently occurred—I have had considerable experience in judging of the demeanour of prisoners under my care—in speaking of having no recollection of what had occurred, he certainly had all the appearance of speaking the truth; that would strengthen and assist the opinion I had formed—epileptic fits in the family would considerably strengthen my opinion, that he was suffering from what is known as masked epilepsy, that he was insane—I did not know of that when I made my report—masked epilepsy is a disease in which the fact of epilepsy is replaced by an impulse to do some outrageous homicidal act; there is no outward sign, there is no convulsion, or apparent loss of consciousness, the patient does not fall down—it is well known in medical science that cases of that kind occur; they are not very frequent, they are rare—I have heard of the case of Miss Lamb, a sister of Charles Lamb—the state
<lb/>ment found on the mantelpiece seems to me a statement of a man labouring under some mental derangement at the time, rather than the statement of a drunken man—the friendship existing between the prisoner and the deceased certainly influences my opinion to a certain extent.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have heard it stated in the evidence that the prisoner was under the influence of liquor at the time he wrote this memorandum; one of my reasons for the opinion I formed is that he had no recollection of this matter; that is not the strongest reason; there is the entire absence of an adequate motive; anger is a motive—as to his having no recollection, that entirely depends upon the prisoner's own statement; another thing is the evidence of epilepsy in the family—I heard of that two days ago, and his mental depression, and previous attempts at suicide—all these things assist me in my opinion that this is a case of impulsive homicidal mania, from masked epilepsy—a man suffering from masked epilepsy may do impulsive acts, which are acts of madness—masked epilepsy and impulsive mania are the same thing—I do not say that every case of impulsive homicidal mania is a case of masked epilepsy—masked epilepsy is epilepsy without any of the ordinary accompani
<lb/>ments by which epilepsy is known; it would not have the ordinary epileptic attacks of convulsion or falling.</p>
<p>
<hi rend="italic">Re-examined.</hi> The symptoms of masked epilepsy differ from those of ordinary epilepsy—I do not think a man would have any intelligible motive for killing his brother, unless he was insane, or a very great criminal, especially with such antecedents as the prisoner's.</p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-612-verdict-1" type="verdictDescription">
<interp inst="t18940723-612-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-612-verdict-1" type="verdictSubcategory" value="insane"/>GUILTY
<hi rend="italic">of the act, but being insane at the time.</hi></rs> </hi>
<hi rend="italic">
<rs id="t18940723-612-punishment-24" type="punishmentDescription">
<interp inst="t18940723-612-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-612-punishment-24" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-612-18940723 t18940723-612-punishment-24"/>To be detained during Her Majesty's Pleasure.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="189407230021"/>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 25
<hi rend="italic">th</hi>, 1894.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18940723-613">
<interp inst="t18940723-613" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-613" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-613-charge-1" targOrder="Y" targets="def1-613-18940723 t18940723-613-offence-1 t18940723-613-verdict-1"/>
<join result="criminalCharge" id="t18940723-613-charge-2" targOrder="Y" targets="def2-613-18940723 t18940723-613-offence-1 t18940723-613-verdict-2"/>
<p>613.
<persName id="def1-613-18940723" type="defendantName">
<interp inst="def1-613-18940723" type="gender" value="male"/>
<interp inst="def1-613-18940723" type="age" value="25"/>
<interp inst="def1-613-18940723" type="surname" value="ANDERSON"/>
<interp inst="def1-613-18940723" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES ANDERSON</hi> (25)</persName>, and
<persName id="def2-613-18940723" type="defendantName">
<interp inst="def2-613-18940723" type="gender" value="male"/>
<interp inst="def2-613-18940723" type="age" value="23"/>
<interp inst="def2-613-18940723" type="surname" value="LEASON"/>
<interp inst="def2-613-18940723" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS LEASON</hi> (23)</persName>
<rs id="t18940723-613-offence-1" type="offenceDescription">
<interp inst="t18940723-613-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-613-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Breaking and entering the counting-house of
<persName id="t18940723-name-100" type="victimName">
<interp inst="t18940723-name-100" type="gender" value="male"/>
<interp inst="t18940723-name-100" type="surname" value="MAY"/>
<interp inst="t18940723-name-100" type="given" value="WILLIAM HOLMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-613-offence-1 t18940723-name-100"/>William Holmes May</persName>, and stealing a cash-box, a typewriter, and other articles, to which </rs>
<hi rend="largeCaps">ANDERSON</hi>
<hi rend="smallCaps">
<rs id="t18940723-613-verdict-1" type="verdictDescription">
<interp inst="t18940723-613-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-613-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<p>
<hi rend="smallCaps">MR. PIGGOTT</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. KERSHAW</hi>
<hi rend="italic">appeared for Anderson, and</hi>
<hi rend="smallCaps">MR. GRAIN</hi>
<hi rend="italic">for Leason.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-101" type="witnessName">
<interp inst="t18940723-name-101" type="gender" value="male"/>
<interp inst="t18940723-name-101" type="surname" value="WRIGHTON"/>
<interp inst="t18940723-name-101" type="given" value="HARRY WILLIAM"/>HARRY WILLIAM WRIGHTON</persName> </hi>. I am clerk to May and Co., of 14, Victoria Street—I identify this typewriter, cigarette-holder, cheque-book, medical instrument, and key.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-102" type="witnessName">
<interp inst="t18940723-name-102" type="gender" value="male"/>
<interp inst="t18940723-name-102" type="surname" value="BROCKWELL"/>
<interp inst="t18940723-name-102" type="given" value="THOMAS"/>THOMAS BROCKWELL</persName> </hi> (
<hi rend="italic">Detective Sergeant</hi>). On June 20th I was on duty in Aldersgate Street, and saw the prisoners—I followed them to Goswell Road for about an hour, and at a little after four they went into Gresham Street; they had a little conversation, and Leason left Anderson and went into Carey Lane—he came back in a few minutes, carrying three bags—this is one of them—he went into Grove Street and met Anderson, who took one bag from him—I seized them both, and said, "We are police officers; I want to know what you have in these bags"—Anderson said, "Nothing"—I took them to the Old Jewry, and examined the bags; this one contained a number of cheque-books, several impressions in wax of keys, screwdrivers, files, and pliers—those are tools which would be used by burglars, and to make skeleton keys out of keys—here are 156 ordinary keys and fifty-six skeleton keys—the pair of kid gloves has the palms cut out, which we consider is for the purpose of facilitating the handling of the tools—here are the works of a gold watch, and a number of bankers' drafts, some of which have been identified, but they do not refer to this case.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-103" type="witnessName">
<interp inst="t18940723-name-103" type="gender" value="male"/>
<interp inst="t18940723-name-103" type="surname" value="SEXTON"/>
<interp inst="t18940723-name-103" type="given" value="CORNELIUS"/>CORNELIUS SEXTON</persName> </hi> (
<hi rend="italic">Detective Sergeant</hi>). I was concealed in the Parcels Delivery Office when Leason entered; he asked for three bags in the name of Weston, which were delivered to him—he left, and gave one of the bags to Anderson; it contained the keys—we had been following them two hours.</p>
<p>
<hi rend="italic">Cross-examined.</hi> On the road to the station Anderson said, "This is very funny; you seem to know me; this young man knows nothing about it; I only sent him for my bags"—I did not know Anderson before that day—he has been convicted—he is the brother of the other prisoner—his right name is Leason—I went the same night to another brother's address at Peckham Rye, who carries on a respectable business with his mother, keeping a clothier's shop—I ascertained from the brother that he was staying with him, helping him, and trying to get a situation.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-104" type="witnessName">
<interp inst="t18940723-name-104" type="gender" value="male"/>
<interp inst="t18940723-name-104" type="surname" value="OUTRAM"/>
<interp inst="t18940723-name-104" type="given" value="WALTER"/>WALTER OUTRAM</persName> </hi> (
<hi rend="italic">Detective Sergeant</hi>). I examined these premises—several desks and drawers had been broken open, apparently by a jemmy—one of these keys fits one of the locks.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-105" type="witnessName">
<interp inst="t18940723-name-105" type="gender" value="male"/>
<interp inst="t18940723-name-105" type="surname" value="HELLIER"/>
<interp inst="t18940723-name-105" type="given" value="THOMAS JOSEPH"/>THOMAS JOSEPH HELLIER</persName> </hi>. I am an attendant at the Wood Street Hotel, City—about June 16th Anderson took a room there in the name of Weston, and stayed three or four nights—Leason came to see him on the 19th, in the afternoon; they had refreshments, and when they left I found this typewriter in the room.</p>
<p>
<hi rend="largeCaps">LEASON</hi>
<hi rend="italic">received a good character from his elder brother.</hi>
<hi rend="smallCaps">
<rs id="t18940723-613-verdict-2" type="verdictDescription">
<interp inst="t18940723-613-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18940723-613-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<xptr type="pageFacsimile" doc="189407230022"/>
<p>
<hi rend="largeCaps">ANDERSON</hi>
<hi rend="italic">then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction at Manchester on December</hi> 14
<hi rend="italic">th</hi>, 1885,
<hi rend="italic">of obtaining goods by false pretences in the name of Leason.—
<rs id="t18940723-613-punishment-25" type="punishmentDescription">
<interp inst="t18940723-613-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-613-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-613-18940723 t18940723-613-punishment-25"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-614">
<interp inst="t18940723-614" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-614" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-614-charge-1" targOrder="Y" targets="def1-614-18940723 t18940723-614-offence-1 t18940723-614-verdict-1"/>
<p>614.
<persName id="def1-614-18940723" type="defendantName">
<interp inst="def1-614-18940723" type="gender" value="male"/>
<interp inst="def1-614-18940723" type="age" value="30"/>
<interp inst="def1-614-18940723" type="surname" value="FOX"/>
<interp inst="def1-614-18940723" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY FOX</hi> (30)</persName>
<rs id="t18940723-614-offence-1" type="offenceDescription">
<interp inst="t18940723-614-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18940723-614-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18940723-name-107" type="victimName">
<interp inst="t18940723-name-107" type="gender" value="male"/>
<interp inst="t18940723-name-107" type="surname" value="FELLMAN"/>
<interp inst="t18940723-name-107" type="given" value="AARON"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-614-offence-1 t18940723-name-107"/>Aaron Fellman</persName>, and stealing a watch and chain, his property.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-108" type="witnessName">
<interp inst="t18940723-name-108" type="gender" value="male"/>
<interp inst="t18940723-name-108" type="surname" value="FELLMAN"/>
<interp inst="t18940723-name-108" type="given" value="AARON"/>AARON FELLMAN</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I am a pedlar; of 181, Wentworth Street Buildings—on Monday night, July 9th, I was in the Commercial Road—I had to go somewhere to relieve myself, and when I came out my coat was open—the prisoner came up and caught hold of me by my neck, and took hold of my chain and tore it off, and took it and my watch and ran to the other side of the street—the watch cost me 10s.—he hurt my throat very much—I was very ill for two days afterwards.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-109" type="witnessName">
<interp inst="t18940723-name-109" type="gender" value="male"/>
<interp inst="t18940723-name-109" type="surname" value="LESMUIR"/>
<interp inst="t18940723-name-109" type="given" value="NATHAN"/>NATHAN LESMUIR</persName> </hi>. I am a fish hawker, of 58, Morgan Street, Com
<lb/>mercial Road—on Monday night, July 9th, I saw the prisoner in Flower and Dean Street—I head a man holloaing "Police!" and saw Mr. Fell
<lb/>man holding the prisoner—he said, "He has taken my watch"—I saw a watch in the prisoner's hand.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-110" type="witnessName">
<interp inst="t18940723-name-110" type="gender" value="male"/>
<interp inst="t18940723-name-110" type="surname" value="IDE"/>
<interp inst="t18940723-name-110" type="given" value="GEORGE"/>GEORGE IDE</persName> </hi> (276
<hi rend="italic">H</hi>). On July 9th, about eleven p.m., I was in Flower and Dean Street, heard a cry of "Police!" and saw the prosecutor strug
<lb/>gling with the prisoner—the prosecutor said that the prisoner had stolen his watch, and had it in his hand—the prisoner said, "Not me, I was making water"—this is the chain; it is broken—he pushed it into the prosecutor's hand.</p>
<p>
<hi rend="italic">Prisoner's defence.</hi> I was coming from work, and this man caught hold of me. I know nothing about it.</p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-614-verdict-1" type="verdictDescription">
<interp inst="t18940723-614-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-614-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction at Worship Street on August</hi> 3
<hi rend="italic">rd</hi>, 1893,
<hi rend="italic">and fifteen other convictions were proved against him.—
<rs id="t18940723-614-punishment-26" type="punishmentDescription">
<interp inst="t18940723-614-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-614-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-614-18940723 t18940723-614-punishment-26"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-615">
<interp inst="t18940723-615" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-615" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-615-charge-1" targOrder="Y" targets="def1-615-18940723 t18940723-615-offence-1 t18940723-615-verdict-1"/>
<p>615.
<persName id="def1-615-18940723" type="defendantName">
<interp inst="def1-615-18940723" type="gender" value="male"/>
<interp inst="def1-615-18940723" type="surname" value="JONES"/>
<interp inst="def1-615-18940723" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY JONES</hi> </persName>
<rs id="t18940723-615-offence-1" type="offenceDescription">
<interp inst="t18940723-615-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-615-offence-1" type="offenceSubcategory" value="simpleLarceny"/>
<hi rend="smallCaps">
<rs id="t18940723-615-verdict-1" type="verdictDescription">
<interp inst="t18940723-615-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-615-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing a watch and chain, a pocket-book, and £23, the property of John O'Neill, having been convicted at this Court on May 4th, 1891, in the name of William Dunn. </rs>
<hi rend="italic">Several other convictions were proved against him. Recommended to mercy by the prosecutor, whose watch had been returned to him.—
<rs id="t18940723-615-punishment-27" type="punishmentDescription">
<interp inst="t18940723-615-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-615-punishment-27" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-615-18940723 t18940723-615-punishment-27"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-616">
<interp inst="t18940723-616" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-616" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-616-charge-1" targOrder="Y" targets="def1-616-18940723 t18940723-616-offence-1 t18940723-616-verdict-1"/>
<p>616.
<persName id="def1-616-18940723" type="defendantName">
<interp inst="def1-616-18940723" type="gender" value="male"/>
<interp inst="def1-616-18940723" type="age" value="36"/>
<interp inst="def1-616-18940723" type="surname" value="CONNELL"/>
<interp inst="def1-616-18940723" type="given" value="THOMAS HUGH"/>
<hi rend="largeCaps">THOMAS HUGH CONNELL</hi> (36)</persName>
<rs id="t18940723-616-offence-1" type="offenceDescription">
<interp inst="t18940723-616-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18940723-616-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18940723-name-113" type="victimName">
<interp inst="t18940723-name-113" type="gender" value="male"/>
<interp inst="t18940723-name-113" type="surname" value="HIBBERD"/>
<interp inst="t18940723-name-113" type="given" value="WALLACE"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-616-offence-1 t18940723-name-113"/>Wallace Hibberd</persName> with intent to do him grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">MR. BARKER</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-114" type="witnessName">
<interp inst="t18940723-name-114" type="gender" value="male"/>
<interp inst="t18940723-name-114" type="surname" value="HIBBERD"/>
<interp inst="t18940723-name-114" type="given" value="WALLACE"/>WALLACE HIBBERD</persName> </hi>. I am a shoemaker, of 13, The Oval, Bethnal Green—on June 30th, the first thing in the morning, I saw the prisoner and said, "Hulloa, how are you going on?"—he said, "I will
<hi rend="italic">do you in</hi> to-night"—I had not had any quarrel with him—I had known him a long time—he is in the wood-carving line—I next saw him at nine p.m. standing near my house—he came up and struck me, and I said, "Oh, he has stabbed me"—I was all over blood—a doctor bound me up and took me to the hospital—the prisoner was sober in the morning, but he might have had a drop of liquor at night—I am not in the habit of annoying him—I did not steal a coat from him.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I did not tell the Magistrate that we parted on friendly</p>
<xptr type="pageFacsimile" doc="189407230023"/>
<p>terms in the morning—I cannot account for his threatening me in the morning—he has been very friendly for fourteen years—I am quite sure he threatened me.</p>
<p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I did see you in the morning; you came past the Arabian Arms.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-115" type="witnessName">
<interp inst="t18940723-name-115" type="gender" value="male"/>
<interp inst="t18940723-name-115" type="surname" value="COX"/>
<interp inst="t18940723-name-115" type="given" value="JAMES"/>JAMES COX</persName> </hi>. I am a boot laster, of 72, Manford Street—on the night of June 30th I saw the prisoner go up and give the prosecutor a blow on the breast—I seized him and held his right arm, and the knife was taken from him—he was rather the worse for liquor, but not very drunk.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-116" type="witnessName">
<interp inst="t18940723-name-116" type="gender" value="male"/>
<interp inst="t18940723-name-116" type="surname" value="POPE"/>
<interp inst="t18940723-name-116" type="given" value="GEORGE"/>GEORGE POPE</persName> </hi> (139
<hi rend="italic">F</hi>). I was called, and took the prisoner—he said, "I have been drinking rum; he stole a coat of my brother's some time back; I bought the knife in Green Street and carried it open; it was hard to shut, and hurt my fingers; I meant to stab him"—he was not drunk, but he had been drinking and appeared very excited—this is the knife; there is blood on it now.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-117" type="witnessName">
<interp inst="t18940723-name-117" type="gender" value="male"/>
<interp inst="t18940723-name-117" type="surname" value="HILL"/>
<interp inst="t18940723-name-117" type="given" value="LEOPOLD GEORGE"/>LEOPOLD GEORGE HILL</persName> </hi>. I am house surgeon at the London Hospital—the prosecutor was under my care from June 30th, suffering from a small wound over the region of the heart, about half an inch deep, penetrating as far as the lungs—if it had been half an inch higher or lower it might have been fatal; it was simply prevented from going into the heart by the rib—this is a very formidable weapon—the blow had been delivered with some violence, but not great violence—he had the same clothes on; there is the mark of the stab in his waistcoat—the prosecutor was in a state of semi-intoxication when brought to me.</p>
<p>
<hi rend="italic">Prisoner's defence.</hi> I do not remember anything of it, and I do not remember making that statement. I bought the knife a week previously.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-118" type="witnessName">
<interp inst="t18940723-name-118" type="gender" value="male"/>
<interp inst="t18940723-name-118" type="surname" value="POPE"/>
<interp inst="t18940723-name-118" type="given" value="GEORGE"/>GEORGE POPE</persName> </hi> (
<hi rend="italic">Re-examined</hi>). This is not the sort of knife that a wood carver would use; it is more like a sailor's knife for cutting string, and is generally hung round the belt with a chain.</p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-616-verdict-1" type="verdictDescription">
<interp inst="t18940723-616-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-616-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18940723-616-punishment-28" type="punishmentDescription">
<interp inst="t18940723-616-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-616-punishment-28" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-616-18940723 t18940723-616-punishment-28"/>Fourteen Months' Hard Labour.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 25
<hi rend="italic">th</hi>, 1894.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18940723-617">
<interp inst="t18940723-617" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-617" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-617-charge-1" targOrder="Y" targets="def1-617-18940723 t18940723-617-offence-1 t18940723-617-verdict-1"/>
<join result="criminalCharge" id="t18940723-617-charge-2" targOrder="Y" targets="def2-617-18940723 t18940723-617-offence-1 t18940723-617-verdict-2"/>
<p>617.
<persName id="def1-617-18940723" type="defendantName">
<interp inst="def1-617-18940723" type="gender" value="male"/>
<interp inst="def1-617-18940723" type="age" value="23"/>
<interp inst="def1-617-18940723" type="surname" value="SCHNEIDER"/>
<interp inst="def1-617-18940723" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SCHNEIDER</hi> (23)</persName>, and
<persName id="def2-617-18940723" type="defendantName">
<interp inst="def2-617-18940723" type="gender" value="female"/>
<interp inst="def2-617-18940723" type="age" value="21"/>
<interp inst="def2-617-18940723" type="surname" value="SCHMIDT"/>
<interp inst="def2-617-18940723" type="given" value="HELEN"/>
<hi rend="largeCaps">HELEN SCHMIDT</hi> (21)</persName>
<rs id="t18940723-617-offence-1" type="offenceDescription">
<interp inst="t18940723-617-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-617-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing £95, the money of
<persName id="t18940723-name-121" type="victimName">
<interp inst="t18940723-name-121" type="gender" value="male"/>
<interp inst="t18940723-name-121" type="surname" value="DUNCAN"/>
<interp inst="t18940723-name-121" type="given" value="PATRICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-617-offence-1 t18940723-name-121"/>Patrick Duncan</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. DRAKE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HARRISON</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-122" type="witnessName">
<interp inst="t18940723-name-122" type="gender" value="male"/>
<interp inst="t18940723-name-122" type="surname" value="DUNCAN"/>
<interp inst="t18940723-name-122" type="given" value="PATRICK"/>PATRICK DUNCAN</persName> </hi>. I am a carpenter, of 127, Stanton Street—about June 14th I returned to England from Australia—on arriving at Ply
<lb/>mouth I got nineteen £5 Bank of England notes from the Bank of England there—I arrived in London at eleven a.m. on June 14th, and about 8.30 p.m. a woman spoke to me in the Strand, and I went with her to 34, Exeter Street, and into a bedroom—there were curtains at the head of the bed about six feet high, and half way down the sides of the bed—almost directly behind the bed was a chair—there was a door almost directly behind the bed—the chair was between the bed and the door—a washstand was immediately behind the opening of the door—my bank notes were rolled up in a piece of white calico in my coat pocket; I put it in my trousers pocket, and then into my coat pocket again—after I had</p>
<xptr type="pageFacsimile" doc="189407230024"/>
<p>been in bed one or two minutes I heard a noise as of a door opening; a minute afterwards I distinctly heard the door shut—I got up imme
<lb/>diately and put on my clothes, and came out into Burleigh Street with the woman—I shook hands and said good-night, and I had not gone twenty yards when I missed my notes—I at once made a communica
<lb/>tion to the policeman, and showed him the house—we went to Bow Street—I went back with the detective to the house that evening, but did not discover anything—I went again with the detective on next day—I next saw the prisoners at the Police-station—I have not seen my money since.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have not seen the woman since I left her in the street—I was in the house ten, fifteen, or it might be twenty minutes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-123" type="witnessName">
<interp inst="t18940723-name-123" type="gender" value="female"/>
<interp inst="t18940723-name-123" type="surname" value="DONOVAN"/>
<interp inst="t18940723-name-123" type="given" value="ELLEN"/>ELLEN DONOVAN</persName> </hi>. I live with my mother, a greengrocer, at 35, Exeter Street, Strand—on 14th June, about 8.20 p.m., I was minding the shop—I saw the prosecutor and a woman go into the next house, No. 34—I saw them come out, and a minute after the prisoners came out walking rather sharply—I had seen them before, and had served them in my mother's house.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-124" type="witnessName">
<interp inst="t18940723-name-124" type="gender" value="male"/>
<interp inst="t18940723-name-124" type="surname" value="LEWS"/>
<interp inst="t18940723-name-124" type="given" value="WILLIAM JAMES"/>WILLIAM JAMES LEWS</persName> </hi>. I am a barman at the King's Head, Judd Street—on Friday, 15th June, I served Schneider with refreshments which came to a few pence—he gave me a £5 note—I am not certain if anyone was with him—I gave the note to the manageress for change—I next saw Schneider at Bow Street about 21st June, and identified him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> We are pretty busy at times—I had never seen the prisoner before—he only stayed a few minutes—the police called a few days afterwards—I picked him out from six others—Detective Hailstone mentioned about the man being stout, but I went by his features—the prisoner was not the shortest man in the row.</p>
<p>
<hi rend="italic">Re-examined.</hi> I knew his features again directly.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-125" type="witnessName">
<interp inst="t18940723-name-125" type="gender" value="female"/>
<interp inst="t18940723-name-125" type="surname" value="COLE"/>
<interp inst="t18940723-name-125" type="given" value="LIZZIE"/>LIZZIE COLE</persName> </hi>. I am manageress of the King's Head public-house, Judd Street—on 15th June Schneider came in with a woman; I could not swear to her—Lewis served them; he brought me a £5 note—I gave change and put the note in the cash-box, which I locked—afterwards Mr. Beasley came and asked me to change £8 of silver, which his waitress brought, and I gave her this £5 note and £3 in gold.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was not asked to pick the prisoner out—I had never seen him before to my knowledge—I next saw Schneider at Bow Street, and recognised him at once—I knew he was the person charged—I made no memorandum of the number of the £5 note—there were two more £5 notes in the cash-box, but I placed this on the top, and it re
<lb/>mained where I put it; the box was not touched—no one else has access, to it—I am sure it is the one I gave to the coffee-house keeper.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-126" type="witnessName">
<interp inst="t18940723-name-126" type="gender" value="male"/>
<interp inst="t18940723-name-126" type="surname" value="BEASLEY"/>
<interp inst="t18940723-name-126" type="given" value="JOHN"/>JOHN BEASLEY</persName> </hi>. I keep a coffee-house at 35, Little Newport Street, adjoining the King's Head—on 15th June I sent Alice Home, my waitress, for change of £8 of silver; she brought me back three sovereigns and a £5 note—later in the day I sent that money to the City Bank by Alice Horne, who always banks my money—this is the counterfoil of the paying-in slip containing a record of the £5 note on that day—I only paid in one note on that day—the publican next door is generally glad of my silver, and I let him have it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-127" type="witnessName">
<interp inst="t18940723-name-127" type="gender" value="female"/>
<interp inst="t18940723-name-127" type="surname" value="HORNE"/>
<interp inst="t18940723-name-127" type="given" value="ALICE"/>ALICE HORNE</persName> </hi>. I am a waitress at Mr. Beasley's coffee-house in Little</p>
<xptr type="pageFacsimile" doc="189407230025"/>
<p>Newport Street—on 15th June I went to the King's Head, and ex
<lb/>changed £8 in silver for a £5 note and £3 gold, which I brought to Mr. Beasley—I afterwards went to the City Bank in Shaftesbury Avenue, taking money including this £5 note, which I had got at the King's Head.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-128" type="witnessName">
<interp inst="t18940723-name-128" type="gender" value="male"/>
<interp inst="t18940723-name-128" type="surname" value="WISE"/>
<interp inst="t18940723-name-128" type="given" value="RICHARD"/>RICHARD WISE</persName> </hi>. I am a clerk in the Bank of England, Plymouth—on 9th June the prosecutor came and exchanged £95 in gold for nineteen £5 notes, dated 1st November, 1892, Nos. 90941 to 90959.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-129" type="witnessName">
<interp inst="t18940723-name-129" type="gender" value="male"/>
<interp inst="t18940723-name-129" type="surname" value="BATEMAN"/>
<interp inst="t18940723-name-129" type="given" value="CHARLES CECIL"/>CHARLES CECIL BATEMAN</persName> </hi>. I am a clerk in the City Bank, Shaftesbury Avenue—on 15th June, a payment in was made for Mr. Beasley, the coffee-house keeper, and I received this £5 note No. 90952, of 1st Novem
<lb/>ber, 1892, from the cashier—it was sent down to our head office, Thread-needle Street, the same day.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-130" type="witnessName">
<interp inst="t18940723-name-130" type="gender" value="male"/>
<interp inst="t18940723-name-130" type="surname" value="OLIVER"/>
<interp inst="t18940723-name-130" type="given" value="HUGH"/>HUGH OLIVER</persName> </hi>. I am cashier at the City Bank, Shaftesbury Avenue—I received this bank note from Mr. Beasley's assistant, Horne, and wrote the name "Beasley" on it for the purpose of identifying the person from whom it was received, in accordance with the usual practice—I handed the note to Mr. Bateman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-131" type="witnessName">
<interp inst="t18940723-name-131" type="gender" value="male"/>
<interp inst="t18940723-name-131" type="surname" value="WAYMOUTH"/>
<interp inst="t18940723-name-131" type="given" value="PERCY EDWARD"/>PERCY EDWARD WAYMOUTH</persName> </hi>. I am a clerk in the City Bank, Thread-needle Street—on 15th June, I received this £5 bank note from the Shaftesbury Avenue Branch—on 18th June, it was paid into the Bank of England.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-132" type="witnessName">
<interp inst="t18940723-name-132" type="gender" value="male"/>
<interp inst="t18940723-name-132" type="surname" value="WILLIAMS"/>
<interp inst="t18940723-name-132" type="given" value="CHARLES JOHN"/>CHARLES JOHN WILLIAMS</persName> </hi>. I produce this £5 note, which was paid into the Bank of England on 18th June by the City Bank.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-133" type="witnessName">
<interp inst="t18940723-name-133" type="gender" value="male"/>
<interp inst="t18940723-name-133" type="surname" value="MORRIS"/>
<interp inst="t18940723-name-133" type="given" value="WILLIAM"/>WILLIAM MORRIS</persName> </hi>. I am clerk to Love and Co., landlords of 34, Exeter Street, Strand—I collect a portion of the rents of that house for them—the prisoners were weekly tenants there; the woman has paid me, and once or twice the man has—they occupied two rooms on the first floor—the house is let out in tenements to about three different parties; most of them are married, with families—I have not the slightest idea how a prostitute from the street took a stranger there; I never heard of my employer's property being used for that purpose—Mr. Love let the floor to the prisoners, who had been there seven or eight weeks, I should think, paying 8s. 6d. a week for unfurnished rooms.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-134" type="witnessName">
<interp inst="t18940723-name-134" type="gender" value="male"/>
<interp inst="t18940723-name-134" type="surname" value="HAILSTONE"/>
<interp inst="t18940723-name-134" type="given" value="ARTHUR"/>ARTHUR HAILSTONE</persName> </hi> (
<hi rend="italic">Detective E</hi>). On 14th June the prosecutor made a complaint to me, in consequence of which I went to 34, Exeter Street, Strand, about 9.30 p.m.—I went into the first floor front room of No. 34, with the prosecutor—I did not see anyone there, nor did I find anything—I went again the next day; no one was in occupation so far as I could see—I pushed open the door with my shoulder—next day I went again; the prosecutor was not with me then—there are two rooms on the floor connected by a half-glass door—on the 15th, while I was there the prisoners came in—I said, "I am a sergeant of police, and shall take you both into custody for being concerned with another woman in stealing £95 in Bank of England notes from a gentle
<lb/>man's coat pocket in this room about nine o'clock last night"—the man dropped his head and said nothing—the woman said, "I never saw a gentleman"—I said, "You did; you were in the back room; another woman brought him into this room, and you were both seen to hurriedly leave the house a few minutes after the other woman and the man had left"—Schneider said, "Well, we did not have all the notes; the other woman had some"—I took them to the Bow Street Station, and repeated in the</p>
<xptr type="pageFacsimile" doc="189407230026"/>
<p>I resence of Inspector Wood and the prisoners what had been said, adding "Schneider, you were actually putting your coat on when going down the street"—he said, "Yes, I am sorry; it is true. We did leave the house as you say, and if we are kept here we shall have to put up with it"—Schmidt said, "Ah, if you know, that is all right"—I found on Schneider £12 10s. in gold and £1 18s. silver and a cloth cap—I said, "This is some of the money, I suppose?"—he said, "Yes, it is, I am sorry to say; we changed some of them"—on Schmidt we found 5s. 6d. silver and 4 1/2d. bronze—later on they were charged, and Schneider said noth
<lb/>ing; Schmidt said, "We were not under the bed when it was done"—I had not said anything about their being under the bed—after I had searched Schneider's coat and vest, he said, "You will find some; half a minute"—and he brought out this purse with the money.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The prisoners are Germans; they understand English perfectly—I had made inquiries—I knew they must have been in the back room; there was now here else for them to be—there are eight rooms in the house—I made the statement to them on my own authority—there is no one to prove they were in the back room—Schneider did not say when I asked him if he had any money, "Yes, I have money, but not stolen money"—I have not taken other people to the station to try and identify the prisoners—I did not tear Schmidt's dresses in the cupboard to try and find money—I left everything in good order, and her brother in charge—I don't know if someone else tore up the dresses—I did not caution the prisoners; I told them who I was—I did not want them to make admissions or contradictions—I never told Lewis that the man to be identified was a short man.</p>
<p>
<hi rend="italic">Re-examined.</hi> I searched the room; I found no notes.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">JURY</hi>. There are two doors to the room, one from the landing and one from the other room—the door from the landing is on the left-hand side of the bed, quite close to the back of the bed—the room was bedroom and sitting-room combined—all the other people in the house were working people—I don't think a person could come through the door from the other room without a person on the bed seeing him, but if a person came through the door from the passage he would not be seen—through the glass door you can see what is going on on the bed—there was a curtain over the glass, but it left a little portion of the glass clear, through which you could see.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-135" type="witnessName">
<interp inst="t18940723-name-135" type="gender" value="male"/>
<interp inst="t18940723-name-135" type="surname" value="WOOD"/>
<interp inst="t18940723-name-135" type="given" value="GEORGE"/>GEORGE WOOD</persName> </hi> (
<hi rend="italic">Inspector E</hi>). I was present at Bow Street when these prisoners were charged by Hailstone—I heard what was said, and made a note of it, and I directed the sergeant to make one at the time, so that we both made independent notes—this is my note: "The prisoners were brought to Bow Street by Sergeant Hailstone, who told them they would be charged with another woman, not in custody, in stealing from a gentleman £95 in Bank of England notes at about nine o'clock on the 14th inst., at 34, Exeter Street"—the sergeant said, "You were both seen to leave the house hurriedly about a minute after the gentleman and the woman who had brought him there had left, and Schneider, you were actually seen putting your coat on when going down the street"—he said, "Yes, I am very sorry; it is true. We did leave the house as you say, and if we are kept here we must put up with it"—the female prisoner said, "If you know, that is all right"—on Schneider was found £12 10s. in</p>
<xptr type="pageFacsimile" doc="189407230027"/>
<p>gold, £1 18s. in silver, and other things—Hailstone said, pointing to the money, "Is that some of the money?"—Schneider said, "Yes, it is, I am sorry to say; we changed some of them"—they were charged; Schneider made no reply—Schmidt said, "We were not under the bed when it was done"—I was present on 22nd June when the barman identified the prisoners.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-136" type="witnessName">
<interp inst="t18940723-name-136" type="gender" value="female"/>
<interp inst="t18940723-name-136" type="surname" value="DONOVAN"/>
<interp inst="t18940723-name-136" type="given" value="ELLEN"/>ELLEN DONOVAN</persName> </hi> (
<hi rend="italic">Re-examined.</hi>) When I saw the prisoners leave together Schneider was putting on his coat.</p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-617-verdict-1" type="verdictDescription">
<interp inst="t18940723-617-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-617-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">the</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">
<rs id="t18940723-617-verdict-2" type="verdictDescription">
<interp inst="t18940723-617-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-617-verdict-2" type="verdictSubcategory" value="withRecommendation"/>recommended Schmidt to mercy.</rs> </hi>
<hi rend="largeCaps">SCHNEIDER</hi>
<hi rend="italic">
<rs id="t18940723-617-punishment-29" type="punishmentDescription">
<interp inst="t18940723-617-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-617-punishment-29" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-617-18940723 t18940723-617-punishment-29"/>Eighteen Months' Hard Labour.</rs> </hi>
<hi rend="largeCaps">SCHMIDT</hi>
<hi rend="italic">
<rs id="t18940723-617-punishment-30" type="punishmentDescription">
<interp inst="t18940723-617-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-617-punishment-30" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-617-18940723 t18940723-617-punishment-30"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18940723-618">
<interp inst="t18940723-618" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-618" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-618-charge-1" targOrder="Y" targets="def1-618-18940723 t18940723-618-offence-1 t18940723-618-verdict-1"/>
<p>618.
<persName id="def1-618-18940723" type="defendantName">
<interp inst="def1-618-18940723" type="gender" value="indeterminate"/>
<interp inst="def1-618-18940723" type="age" value="22"/>
<interp inst="def1-618-18940723" type="surname" value="DALRYMPLE"/>
<interp inst="def1-618-18940723" type="given" value="PONSONBY"/>
<hi rend="largeCaps">PONSONBY DALRYMPLE</hi> (22)</persName>
<rs id="t18940723-618-offence-1" type="offenceDescription">
<interp inst="t18940723-618-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18940723-618-offence-1" type="offenceSubcategory" value="fraud"/>,
<hi rend="smallCaps">
<rs id="t18940723-618-verdict-1" type="verdictDescription">
<interp inst="t18940723-618-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-618-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to ob
<lb/>taining goods and money from various persons by false pretences, with intent to defraud. </rs>
<rs id="t18940723-618-punishment-31" type="punishmentDescription">
<interp inst="t18940723-618-punishment-31" type="punishmentCategory" value="noPunish"/>
<interp inst="t18940723-618-punishment-31" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-618-18940723 t18940723-618-punishment-31"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18940723-619">
<interp inst="t18940723-619" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-619" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-619-charge-1" targOrder="Y" targets="def1-619-18940723 t18940723-619-offence-1 t18940723-619-verdict-1"/>
<join result="criminalCharge" id="t18940723-619-charge-2" targOrder="Y" targets="def2-619-18940723 t18940723-619-offence-1 t18940723-619-verdict-1"/>
<join result="criminalCharge" id="t18940723-619-charge-3" targOrder="Y" targets="def3-619-18940723 t18940723-619-offence-2 t18940723-619-verdict-2"/>
<p>619.
<persName id="def1-619-18940723" type="defendantName">
<interp inst="def1-619-18940723" type="gender" value="male"/>
<interp inst="def1-619-18940723" type="age" value="22"/>
<interp inst="def1-619-18940723" type="surname" value="WINTER"/>
<interp inst="def1-619-18940723" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH WINTER</hi> (22)</persName>, and
<persName id="def2-619-18940723" type="defendantName">
<interp inst="def2-619-18940723" type="gender" value="male"/>
<interp inst="def2-619-18940723" type="age" value="22"/>
<interp inst="def2-619-18940723" type="surname" value="CONNOLLY"/>
<interp inst="def2-619-18940723" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD CONNOLLY</hi> (22)</persName>
<rs id="t18940723-619-offence-1" type="offenceDescription">
<interp inst="t18940723-619-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18940723-619-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing balls of thread, the property of
<persName id="t18940723-name-140" type="victimName">
<interp inst="t18940723-name-140" type="gender" value="male"/>
<interp inst="t18940723-name-140" type="surname" value="SMITH"/>
<interp inst="t18940723-name-140" type="given" value="ALEXANDER STEPHEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-619-offence-1 t18940723-name-140"/>Alexander Stephen Smith</persName>, their master; and </rs>
<persName id="def3-619-18940723" type="defendantName">
<interp inst="def3-619-18940723" type="gender" value="indeterminate"/>
<interp inst="def3-619-18940723" type="age" value="27"/>
<interp inst="def3-619-18940723" type="surname" value="COTEN"/>
<interp inst="def3-619-18940723" type="given" value="MARX"/>
<hi rend="largeCaps">MARX COTEN</hi> (27)</persName>
<rs id="t18940723-619-offence-2" type="offenceDescription">
<interp inst="t18940723-619-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18940723-619-offence-2" type="offenceSubcategory" value="receiving"/>, receiving the same.</rs> </p>
<p>
<hi rend="smallCaps">MR. SANDS</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="largeCaps">WINTER</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">CONNOLLY</hi>
<hi rend="smallCaps">
<rs id="t18940723-619-verdict-1" type="verdictDescription">
<interp inst="t18940723-619-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-619-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18940723-619-punishment-32" type="punishmentDescription">
<interp inst="t18940723-619-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t18940723-619-punishment-32" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-619-18940723 t18940723-619-punishment-32"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-619-18940723 t18940723-619-punishment-32"/>They received good characters.—Three Months' Hard Labour each</rs>.</hi> </p>
<p>
<hi rend="italic">The</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">
<rs id="t18940723-619-verdict-2" type="verdictDescription">
<interp inst="t18940723-619-verdict-2" type="verdictCategory" value="miscVerdict"/>
<interp inst="t18940723-619-verdict-2" type="verdictSubcategory" value="noAgreement"/>being unable to agree as to Marx Coten, were discharged without giving a verdict, and the charge against him was postponed to next Session.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, July</hi> 26
<hi rend="italic">th; Friday</hi>, 27
<hi rend="italic">th; and Saturday</hi>, 28
<hi rend="italic">th</hi>, 1894.</p>
<p>
<hi rend="italic">Before Mr. Justice Lawrance.</hi> </p>
<div1 type="trialAccount" id="t18940723-620">
<interp inst="t18940723-620" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-620" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-620-charge-1" targOrder="Y" targets="def1-620-18940723 t18940723-620-offence-1 t18940723-620-verdict-1"/>
<join result="criminalCharge" id="t18940723-620-charge-2" targOrder="Y" targets="def2-620-18940723 t18940723-620-offence-1 t18940723-620-verdict-2"/>
<join result="criminalCharge" id="t18940723-620-charge-3" targOrder="Y" targets="def3-620-18940723 t18940723-620-offence-2 t18940723-620-verdict-3"/>
<join result="criminalCharge" id="t18940723-620-charge-4" targOrder="Y" targets="def3-620-18940723 t18940723-620-offence-3 t18940723-620-verdict-4"/>
<p>620.
<persName id="def1-620-18940723" type="defendantName">
<interp inst="def1-620-18940723" type="gender" value="male"/>
<interp inst="def1-620-18940723" type="age" value="24"/>
<interp inst="def1-620-18940723" type="surname" value="KOCZULA"/>
<interp inst="def1-620-18940723" type="given" value="PAUL"/>
<hi rend="largeCaps">PAUL KOCZULA</hi> (24)</persName>, and
<persName id="def2-620-18940723" type="defendantName">
<interp inst="def2-620-18940723" type="gender" value="female"/>
<interp inst="def2-620-18940723" type="age" value="24"/>
<interp inst="def2-620-18940723" type="surname" value="KOCZULA"/>
<interp inst="def2-620-18940723" type="given" value="SUSANNAH"/>
<hi rend="largeCaps">SUSANNAH KOCZULA</hi> (24)</persName>, were indicted for
<rs id="t18940723-620-offence-1" type="offenceDescription">
<interp inst="t18940723-620-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18940723-620-offence-1" type="offenceSubcategory" value="murder"/> the wilful murder of
<persName id="t18940723-name-144" type="victimName">
<interp inst="t18940723-name-144" type="gender" value="female"/>
<interp inst="t18940723-name-144" type="surname" value="RASCH"/>
<interp inst="t18940723-name-144" type="given" value="SOPHIA FREDERICA MATILDA"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-620-offence-1 t18940723-name-144"/>Sophia Frederica Matilda Rasch</persName> </rs>, and
<persName id="def3-620-18940723" type="defendantName">
<interp inst="def3-620-18940723" type="gender" value="male"/>
<interp inst="def3-620-18940723" type="age" value="31"/>
<interp inst="def3-620-18940723" type="surname" value="SCHMERFELD"/>
<interp inst="def3-620-18940723" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE SCHMERFELD</hi> (31)</persName>
<rs id="t18940723-620-offence-2" type="offenceDescription">
<interp inst="t18940723-620-offence-2" type="offenceCategory" value="kill"/>
<interp inst="t18940723-620-offence-2" type="offenceSubcategory" value="murder"/> was charged as an accessory before the fact. In other Counts
<hi rend="largeCaps">SUSANNAH KOCZULA</hi> and
<hi rend="largeCaps">SCHMER
<lb/>FELD</hi> were charged as accessories after the fact.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CHARLES MATHEWS, HORACE AVORY</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">BANCROFT</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. COHEN</hi>,
<hi rend="italic">appeared for Paul Koczula;</hi>
<hi rend="smallCaps">MR. CANNOT</hi>
<hi rend="italic">for Susannah Koczula; and</hi>
<hi rend="smallCaps">MR. DRAKE</hi>
<hi rend="italic">for Schmerfeld.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-146" type="witnessName">
<interp inst="t18940723-name-146" type="gender" value="male"/>
<interp inst="t18940723-name-146" type="surname" value="RASCH"/>
<interp inst="t18940723-name-146" type="given" value="CARL"/>CARL RASCH</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I keep a restaurant at 167, Shaftesbury Avenue, and lived there with my wife and four children, three boys and a girl—there is a door leading into the restaurant from the street; also a side door leading to the staircase and upstairs—there are two bedrooms on the first floor and two on the second floor, and two on the top floor—I and my wife occupied the bedroom on the first floor front—the two prisoners, Paul and Susannah Koczula, were in my service for nine months as waiter and general servant—they are married—here is a photograph of my wife; she was a tall, healthy, strong woman—she was in the habit of keeping the key of the wardrobe in our bedroom in her dress pocket—in that wardrobe we were in the habit of keeping money and valuables—my wife kept the key on a ring with others—this (
<hi rend="italic">produced</hi>) is the ring,</p>
<xptr type="pageFacsimile" doc="189407230028"/>
<p>with the key of the wardrobe on it—I have known Schmerfeld six or seven years—for three months he took his meals at our restaurant, from September till, I believe, Christmas last—he owed me £3 or £4, I can't exactly say—there was one box belonging to him on the premises—he brought it with him the week after he came to England, in September or October last—I knew him in Germany—he took the box away about a fortnight before the murder—he told me he was going to take it away because he was going into a place again, and he asked me whether I would let him have the box on payment of a pound—I said, "Yes"—he did not pay it; he came next morning and offered me 10s., and asked whether I would let him have the box—I said, "Yes, you had better take the box away at once"—he said, "Not now, I will fetch it to-morrow," and he did—it was a large wooden box—this is it (
<hi rend="italic">Produced</hi>)—it was then brown, it has been fresh coloured since—he did not tell me what he was taking in it; I did not actually see it go out of the house; my wife and I were still in bed when he took it away—Koczula helped him to take it out—the Koczulas had two baskets, with a lock, which they kept in the front kitchen below—I saw those baskets when they came to the house; they were full—prior to Friday, May 25th, I had no notice that the Koczulas were going to leave—on that Friday evening I was at home up to a little before eight—a customer named Fritz Klung and Schmerfeld were on the premises—I played cards with my friend Klung—he was in the habit of going to his club on Friday night; that was the reason he ceased playing—the club was in Dean Street, Soho, not far off—we had not many customers on a Friday night; Klung was generally the only one there—when Klung left Schmerfeld said, "Will you go with me for a walk to Hyde Park?"—I had been out with him for a walk of an evening before that, but not so far as Hyde Park, only in the neighbourhood—when we started my wife was in the bedroom asleep—she was in the habit of going to lie down of an evening, generally from about seven till about nine, and then my daughter Clara used to go and wake her up—I believe all the children were in the house when I left; nobody else, but the two Koczulas—we were out two hours and a half—I returned at half-past ten, a few minutes before or after—Schmer
<lb/>feld returned with me—we were in two public-houses on the road, but not in one near my house, although he proposed to come into one which was near my house, at the corner of Frith Street and Shaftesbury Avenue—when we got home we went in at the restaurant door from the street; I cannot swear that the side door was open at that time, but I believe it was closed—I found the three eldest children in the shop—I asked them, "Where is mamma?" and in con
<lb/>sequence of what they said I went upstairs—the bedroom door was quite open—I believe there were two lamps alight in the room, but I can't remember particularly—I can't say whether they were lighted before I went out, but the lamps did not belong to that room—one of them used to hang at the side of the wall in the passage, the other came from a room upstairs—the first thing I saw on entering the room was that all the drawers containing linen and other things were on the floor; the drawers of the wardrobe were also taken out—I first called for my wife—I did not know where she was; I received no answer—I went towards the place where the drawer was containing the money and jewellery, and I</p>
<xptr type="pageFacsimile" doc="189407230029"/>
<p>saw it had gone—I then ran downstairs, crying out, "I have been robbed"—I saw Schmerfeld in the restaurant, and he went back with me upstairs, and I then found my wife's body on the floor—the feather bed was on the ground—I am not sure whether it was not Schmerfeld that said to me, "Here is something lying"—I immediately went towards it; I removed something, and then I saw my wife; she was dead—there were sheets, pillows and bolsters on the floor; they were on the body—the mattress alone remained on the bed—Schmerfeld was there at the time I saw the body of my wife; I can't say what he did—I did not see him again that night, not till next morning, when I went to Charlotte Street with the police—I ran out of the house, and cried "Murder!"—the police came into the house directly I ran out—I did not look to see whether either of the Koczulas were there—they slept in the first floor back, the room at the back of ours—I cannot remember whether their door was open or not—I saw nothing of them after I returned that night—Schmerfeld did not tell me at any time that the Koczulas were going to leave—I cannot say exactly how much money I missed; I believe about £50—also a diamond ring, four other rings, three gold watches, a silver watch, two silver brooches, a garnet brooch, and garnets, and a lady's silver chain, a cigarette case, a lady's locket, a gentleman's locket, another chain, a necklet and garnets—I have since seen a lady's watch, the cover of the silver cigarette case, and a gold watch—this (
<hi rend="italic">produced</hi>) is the upper part of the cigarette case; it has been broken at the back; it was in a perfect state—I noticed afterwards in examining the room a pair of diamond earrings on the floor underneath the wardrobe—they had been kept in the ward-robe—they must have rolled out when the paper and other things were taken out—I saw the cord which had been tied round my wife's legs, and also some cord that was lying on the floor in the room, a short distance from the bed—no such cord was in the bedroom when I left the house that night—there was some cord in the back cellar similar to that which was found on the floor—that is not the same cellar in which the Koczulas' baskets were kept; they were in the front cellar—I afterwards went with the police into the cellar where the cord had been, and saw that some rope had been newly cut which corresponded with that found on the floor of the bedroom—I was present when these keys were found by the police in the dustbin of my premises—I noticed a silk handkerchief that was round my wife's neck; she was in the habit of wearing it when lying down—I was present when the police made an examination of Koczula's baskets in the cellar; they were locked—the police cut them open, and found in them only a few old things of no value—I have recently known a woman with whom Schmerfeld had been living; her Christian name is Eleanor—I had seen her shortly before the Friday—I saw her in the house on the Thursday, the day before, she slept in the house, but the last time I saw her was when we were on the way home from our walk on the Friday night; we met her—on the Friday morning my wife came to my bed and showed me a £10 note, and I saw her take some money to give change for it, and she put the note into the drawer which usually contained the jewellery and money—that note was gone on the Friday night—I did not see Helena at the house on the Friday morning, nor Schmerfeld—I don't believe I saw Schmerfeld at all on the Friday till</p>
<xptr type="pageFacsimile" doc="189407230030"/>
<p>the evening; I can't remember positively, but I don't believe I did—I have not found any of the property, except these two things.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-147" type="witnessName">
<interp inst="t18940723-name-147" type="gender" value="indeterminate"/>
<interp inst="t18940723-name-147" type="surname" value="WAYLETT"/>
<interp inst="t18940723-name-147" type="given" value="FRAND GEORGE"/>FRAND GEORGE WAYLETT</persName> </hi> (118
<hi rend="italic">A</hi>). I have had experience in making plans—I have made a pian of the ground floor of 167, Shaftesbury Avenue—I produce it, and also a number of tracings from it (
<hi rend="italic">They were handed to the</hi>
<hi rend="smallCaps">JURY</hi>)—they show the restaurant and kitchen and the back yard—there is a door leading from Shaftesbury Avenue into the iron gate of the restaurant—the iron gate was generally open, and the door into the restaurant would often be open—I did not know the inside of the pre
<lb/>mises before the 25th May; I knew the outside—on going into the restaurant there was a piano slightly to the right, a door leading to the kitchen, and a door from the kitchen into the passage—you can also get to the passage by the street door, and from the passage there are stairs leading up to the bedrooms—it is quite a small house—at the back is a small yard, with a wall 7 ft. 6 in high, with a cistern and dustbin on the left and a w.c. on the right—I have made a sketch plan of the front and back rooms on the first floor—it is made to scale, two feet to the inch—it shows the position of the furniture as I was told it was on the day of the murder—I was sent for on Saturday, the 26th, at 3.30—the bed stood across a door between the two rooms, which was fastened, and on the other side was hung a quantity of clothing—there were two chests of drawers; one set was used as a washing stand; the washing things were then on it—the bedstead was a heavy four-poster.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>. The door leading into the street was fastened by a padlock and catch—the catch was not sound—there was no outside handle—there was no padlock on when I was there; any
<lb/>one could get in by just pushing the door—there were no bolts—there was the usual staple and fastening for a padlock.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-148" type="witnessName">
<interp inst="t18940723-name-148" type="gender" value="male"/>
<interp inst="t18940723-name-148" type="surname" value="RASCH"/>
<interp inst="t18940723-name-148" type="given" value="CARL"/>CARL RASCH</persName> </hi> (
<hi rend="italic">continued</hi>). The washing-stand was combined with a chest of drawers—two of the drawers of the wardrobe were taken out, and also three of the drawers of the washstand, and the remainder from the chest, nine in all—the door between our room and the Koczulas' was usually locked, and the bed stood in front of it, so that nobody could enter—I don't know where the key of that door was kept, I did not see it; the door opened towards our room—the street door was generally shut, but if any lodgers were in the house my wife put a padlock to it in the evening—when there were no guests in the house it was simply shut, sometimes it was open—when it was shut it was latched, an ordinary latch, which shut with a spring—there was no handle on the outside.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>. There is a door leading from the street upstairs, that does not communicate with the restaurant—people could come in at that door without being seen from the restaurant—they could not go upstairs without being observed, because the other doors were open—the passage has only a thin wooden partition—there is a full view of the staircase—the two doors were always open, for conveni
<lb/>ence sake—there is a window half up the stairs, looking into the yard—if anything was thrown out of that window it would not go into the dust
<lb/>bin, because there is a cover to it and a cistern above it, which was not in use—the dustbin is altogether covered by the cistern—I have been three years at 167—my house is conducted as respectably as the Hotel Metropole—I do not know the man Kewpf—the Koczulas have been in my</p>
<xptr type="pageFacsimile" doc="189407230031"/>
<p>service nine months—they were recommended to me as respectable people—I always found them quite honest—they used to receive money and hand it over—they had all my confidence—people used the restaurant more or less, it depended on the business; at times the business was flourishing very well, and there were plenty of people there—the prisoners waited at the restaurant—there were not many
<hi rend="italic">tips</hi> in the restaurant—the man might have a week of 10s. possibly, and there might be weeks when he got nothing—the female prisoner attended to the bedrooms as well as he did—they were not thrifty people—whatever they got they bought things with for the woman's confinement, which cost him a considerable sum of money—she was confined on the 1st of January this year—their wages were 7s. 6d. a week—they had a holiday every fortnight, not to stop away, they came home at night—I have missed a considerable number of articles of jewellery, of the value of over £40—the prisoners had not spoken of their intention to leave my service before this—I heard it said so at the Police-court, but never before the murder—Mrs. Marks stated that the prisoner had told her the day before the affair that they were going to leave—I did not hear it—the prisoners generally got up at half-past seven, before me—whenever there was a breakfast required my wife used to get up early, not otherwise—she was always at work somehow or other, attending to the cooking, and to the children, and she took rest in the evening—the only missing articles that I have identified is a watch and part of a cigarette case; this is it, it is solid silver—I can't say whether it is an ordinary one or not; it is one to suit the pocket, not too bulky—I never heard that my wife wanted to sell the watch; it was never sold to the prisoners; she would never have done so without my consent—I don't known whether there was a lamp in the prisoners' room—there was a ladder at the back of the house—I heard it whispered that there had been a robbery at 177; I don't know anything about it; it may be that the thieves got away and escaped through my house, but I don't know it—the prisoners knew perfectly well where the things were kept in the house; whether they knew the very drawer I can't say; they knew they were kept in that room; they had the run of the place—I did not see at this time that one of the beds at the top of the house was turned down, as if it had been occupied—I went up to the bedrooms; I did not notice that one of the beds had been occupied; no bed was occupied, and had been used—the bed in the upper story had not been used—I had been last in my wife's bedroom, it might have been at eleven or half-past, in the morning—I never heard anything of the sale of a watch—an umbrella was sold to the prisoners—something was said about the sale of a watch, and I said, "If you pay me the money you can have it," but they could not pay for it, and therefore they could not have it; they could not even pay for the umbrella at once; they had a week to pay for it, and the price of it had to be deducted from their wages.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANONT</hi>. I cannot exactly give the female prisoner the character of uniform kindness to the children; I did not see anything to the contrary; if I had I should have remonstrated with her—I was satisfied with her while in my employ—her duties were to take care of the children and to do the general work—with the exception of cooking I had no complaint to make about her—the eldest child and the baby were rather fond of her, not Clara—when we were not there she would</p>
<xptr type="pageFacsimile" doc="189407230032"/>
<p>take charge of them—when we were there the mother took care of the baby more than she did—it is possible she might have to give them their tea as late as half-past eight—some of them were in the habit of going out in the evening to play, just outside the door, up and down—it was her duty to do out our bedroom; she had access to the room at any time—if the room had been locked my wife would have given her the key at any moment—it may be that she has brought my wife money—I don't know of any occasion when my wife has locked it up in her presence—she would put it in her pocket—if my wife wanted change she would go to her drawer to get it, or they would come to me—I have never seen the male prisoner go out and walk up and down of an evening; I have seen his wife do so—I don't know of a customer taking a bedroom in the house on the night of the murder—the female prisoner did not tell my daughter so in my presence—the watch they wanted me to sell was a lady's watch; it was mine; my wife never wore it; she had a better one—their wages were paid regularly every week by my wife; no book was kept as to the payments—my daughter Clara used to go up every night to wake her mother when she was lying down—during the time she was resting it was the female prisoner's duty to keep the children quiet, if they were noisy, but they were never noisy; they had their school work to do and their play work—I have sometimes lifted the baskets in the cellar—if they were in my way I moved them—it may have been a fortnight or three weeks before the murder that I last touched them—they were pretty big—I went out very little with my wife of an evening, except perhaps on Sundays.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>. Up to the time my wife went upstairs to lie down, I was in her company, and if she had sold the watch she would undoubtedly have told me—I saw the watch that morning in the drawer—the female prisoner was often upstairs in my wife's room, doing needle-work with the machine—I never saw the cord round my wife's legs—the prisoners were left in charge of the house when my wife and I went out together, but they were not in possession of the keys, and my wife was then in the habit of putting the jewellery and money in her pocket, and taking it with her—the prisoners never had the keys in their hands.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. It may be 1887 when I was first a friend of Schmerfeld—that was in Holland—I knew him till I left to come to England—my wife knew him slightly—I saw him pretty frequently in Holland—I was not on intimate terms with him—I came to England in May, 1891—Schmerfeld first told me he had come direct from Holland, afterwards that he had come out of prison, where he had been a fortnight for smuggling cigars—I did not say so at the Police-court because I was not asked—I had a good deal to say that I was not asked—from the time he first came to me I saw him nearly every day—I went out with him two or three times a week—I was not out with him for a considerable time; I came home in the interval, and went out again—the time that was longer than usual was when I took my wife to the theatre—I may have been late at the club—I may have been out with him two or three hours at a time if you count the times I have returned to the house, but not without coming home—I have been one hour out with him without returning; never two hours, I cannot say to a minute—all four children were present when I played cards with Klung, but not at the commencement—I cannot say how</p>
<xptr type="pageFacsimile" doc="189407230033"/>
<p>long I played, it may or may not have been four hours—Klung pro
<lb/>posed to cease playing—I have said a hundred times Schmerfeld invited me to go out; the witnesses will prove it—I called Schmerfeld into the room when I discovered the state it was in—he came up—I was so excited myself I cannot say if he was excited—I did not hear him shout "Murder'—I think the children went upstairs with us—I did not see Schmerfeld after I made a report to the police—I was friendly with him up to that time—I told you on that Friday night no one was in the house but my wife, the four children, and the servants—on other Friday evenings there may have been people sleeping there or having a bedroom, although Friday was usually the worst day.</p>
<p>
<hi rend="italic">Re-examined.</hi> I last saw Schmerfeld after I saw my wife on the floor in my room, from whence he disappeared till the next morning when I went with the police to Charlotte Street—the Koczulas' umbrella was paid for on the Monday before the murder, although it ought to have been paid the Monday previous, but then they could not pay it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-149" type="witnessName">
<interp inst="t18940723-name-149" type="gender" value="female"/>
<interp inst="t18940723-name-149" type="surname" value="RASCH"/>
<interp inst="t18940723-name-149" type="given" value="CLARA"/>CLARA RASCH</persName> </hi>. I am eight years old—I used to live with my father and mother at 167, Shaftesbury Avenue—I have a brother Carl about ten, a brother Otto about five, and a baby named Ernie about three years old—Paul and Susannah Koczula were the servants—I remember the night my mother died my father going out with Schmerfeld—I do not know the time—I went out with my baby brother Ernie for a walk after my father had left—I saw my mother—she went upstairs to sleep before I went out—Carl and Otto met me, and we came back to the house together—I then saw Paul and Susannah Koczula standing at the door of the restaurant—Woolf Marks was playing with Carl near No. 153, and he went back with us—I said to Susannah, "I want to go up to wake mummy," and she said "No, papa says you are not to go up to wake mummy"—I generally go up to wake her—then I went through the restaurant into the kitchen to get my tea—Susannah gave me some bread and butter and tea, and then she went upstairs to put baby to bed—then she came down and said, "You can play a little while on the piano and eat your bread and butter, and take your tea after"—Ernie slept in the first floor back, the next room to my mother; the same room as the Koczulas slept—I could not say how long Susannah was upstairs—Paul was in the kitchen, and then he went outside—we did not know he went upstairs—I last saw him in the restaurant—my brothers and Marks were with me in the kitchen when Susannah came downstairs; she never came back into the kitchen—Susannah said to me, "Eat your bread and butter and drink your tea after playing the piano a little"—I went into the restaurant where the piano was to teach Otto his
<hi rend="largeCaps">A B C</hi>—I played my notes—when I was playing Susannah banged on the piano, on the notes—she made much noise—I said to her, "I hear someone screaming"—she said, "That is next door"—I heard someone scream at that time—after that she went upstairs—when she came down she looked for the door—I did not see Paul Koczula then, I don't know where he was—Susannah then went away and we never saw her again—she went to the kitchen door to go upstairs; she came downstairs and looked through that door, then she went away and never came back—I saw her look in at the kitchen door—the stairs leading to my mother's room come to the kitchen door—I last saw her standing at the kitchen</p>
<xptr type="pageFacsimile" doc="189407230034"/>
<p>door—she went out through the same door as she had come in—when I looked again at the kitchen door she was gone—I first saw Paul go out, and then Susannah took my little brother upstairs—when my father came back I was in the restaurant with my two brothers, the little one being in bed—Marks had left—my father came in with Schmerfeld—my father went upstairs and said something—I did not notice where Schmerfeld was then—I saw him last come into the shop with my father—I went up
<lb/>stairs after my father called—I had last seen mother when I went into the room when I went out with the baby, and I said to her, "Good-bye"—Paul Koczula, my brothers, Carl and Otto, and Marks were all I saw in the restaurant when I came home—Susannah gave the baby some tea in the kitchen—I saw no one else—a door from the kitchen led to the passage to the stairs—I could not see through that door—it is kept open—they shut it the night my mother died; I think when they put baby to bed—I am sure about it—I think Susannah shut the door—the door from the kitchen to the restaurant was always kept open except Saturday night, when it was shut—it was open on that Friday night.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>. I told the Magistrate about the screaming—the gentleman who sits under the Magistrate read it to me (
<hi rend="smallCaps">MR. WARBURTON</hi>
<hi rend="italic">said it was not in the deposition</hi>)—the Koczulas very often were not kind—I was always friendly with them—I took Ernie out at various times; it was dark on this Friday when I came home—Susannah did not say I was not to go upstairs—she gave me no orders—I could have gone up, but she would not let me—she was upstairs—we were left in the kitchen—there was nothing to hinder my going upstairs—she said, "Papa said you have got to stop down; you are not to wake mother"—that was not when she put the little boy to bed; she never gave any notice to me then, no directions—I often take the baby out; I took him for a little walk after dinner—Paul Koczula often walked up and down in front of the restaurant in his pinafore, with his apron on, when he wanted a little rest—I never heard him go upstairs, nor anyone—mother used to lie down and go to sleep nearly every night after her hard work in the day—then the Koczulas told me to be careful not to make any noise or do anything to wake her up—we generally sat in the kitchen when we came from our walk—I took lessons on the piano—I took a note-book and looked at the book, and that is where I learned my notes—I do not play quickly—I have a teacher; not ray school teacher, she comes every week—Susannah did not occasionally tell me to play more quickly, only when mother died—they do say I shall play more quickly when I am older and my hands are stronger—I go to school and come home in the middle of the day to dinner—I come home at five or six in the evening—Paul did not use mother's room—Susannah sat there to do her needlework—I heard nobody go up or come away—Paul went up to elean it when mother was not in it—people might have gone up without my hearing them.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANNOT</hi>. It was Susannah told me not to make a noise—she said there was a gentleman and a lady upstairs in the hotel—I always go out for a walk with my little brother in the evening—Susannah has told me not to make a noise on other days—I said at the ✗ey Police-court "The Koczulas had told me not to make a noise, and generally said so"—that is correct—I do not know the time I had</p>
<xptr type="pageFacsimile" doc="189407230035"/>
<p>tea; it was generally in the evening when I came in from my walk—Susannah used to put the baby to bed when I was having my tea—that was usual whenever father and mother were out together for a walk, or when mother was asleep—Susannah went generally alone—she was only away a short time—she could play "Daisy" a little, but she banged the piano the night mother died—she never tried to play a tune, she banged it—she could only play one tune, "Daisy"—she only played that on other nights—I never made a noise; I only played still, my notes—Susannah pretended to play other nights—she went up and down the keyboard.</p>
<p>
<hi rend="italic">Re-examined.</hi> Susannah told me there was a lady and gentleman up
<lb/>stairs, when she was standing at the door of the hotel, before I came in, and before she said papa said I was not to wake mother—I knew mother always went upstairs to lie down—other nights I used to wake her—I should have gone upstairs to wake her if Susannah had not told me not to.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-150" type="witnessName">
<interp inst="t18940723-name-150" type="gender" value="male"/>
<interp inst="t18940723-name-150" type="surname" value="RASCH"/>
<interp inst="t18940723-name-150" type="given" value="CARL"/>CARL RASCH</persName> </hi>. I am ten years old—I remember the evening mother died being out at play with my sister Clara—I came home with her—coming towards the restaurant we were joined by Woolf Marks—I saw Mr. Koczula and his wife standing outside between the restaurant door and the hotel door—we went in at the restaurant door—one of them, I think it was the man, said, "Do not go in, because you will wake your mother up"—we stayed outside playing with Marks about five minutes—Paul and Susannah walked down the street, I think—I did not see them go; they went away, I do not know where—after about five minutes we went in the restaurant, Marks, Clara, and my little brothers; then Paul and Susannah came in—Paul came in the kitchen, and then, I think, he went upstairs—he went through the door leading to the passage—I did not see him again—Susannah stayed in the kitchen making the tea for us—she only gave Clara and Ernie their tea; then she put baby to bed—I saw her go through the door leading from the kitchen into the passage, which leads to the staircase, to the room where my mother was lying down—she was away five or ten minutes—I cannot tell; I did not mind, a little time—that was after Paul had gone through that door from the kitchen into the passage—I cannot say how long after; some little time after she came down—she said to Clara, "Cannot you play a little bit quicker? I can," and she banged on the piano—Marks said, "You are trying to break the piano; don't go on like that"—she was thumping on the piano loudly, not playing a tune—Susannah said, "No, I won't"—shortly afterwards she left off—she went upstairs, going out through the kitchen door into the passage—that was the last I saw of her—the last I had seen of Paul was before Susannah took the little boy to bed—Marks remained a little time, and then went home—I was in the shop with Clara when father came home with Schmerfeld—I did not see anyone go into the restaurant while I was playing outside; I only saw Koczula and his wife—I stayed in the restaurant till my father came home—I did not see anyone else in the house than Paul and Susannah Koczula.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>. When I came home from school it was about six o'clock—I was at home about an hour, then I went out; when I went out father was at home—the second time I was out about three quarters of an hour—I went out of my own accord; I was not told</p>
<xptr type="pageFacsimile" doc="189407230036"/>
<p>to go out—Mrs. Koczula was friendly with Mrs. Marks, and used often to meet and talk with her—I could have gone upstairs if I wanted—when mother has been asleep in the evening the Koczulas have sometimes told us not to disturb her or make a noise—we were not making much noise that evening—I have occasionally seen Paul walk up and down outside with his apron on—I bad heard them talk to mother about their going to Germany—I had not heard anybody say they were going away—I have heard Susannah try to play the piano—occasionally the door was shut between the kitchen and the restaurant—you cannot tell in the front of the restaurant whether anybody comes in the passage to go upstairs, except when you open the kitchen door—I cannot remember whether it was shut or open.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANNOT</hi>. Susannah had only just time to put the baby to bed before she came down—my little sister was then playing—I cannot remember her telling my sister to play faster on other occasions—I do not remember saying at the Police-court that Susannah interfered in my sisters playing—I am sure she never spoke to her about her playing—I gave evidence at the inquest—I do not remember saying so there—what I said was read over to me the same day—I heard no noise in the house while my sister was playing; my sister did—I was in the restaurant with her, and heard nothing—I have seen Susannah trying to play the piano several times—she could not play—she did not make much noise when she tried—on this Friday she made a noise; it did not last long—she ran up and down the keyboard with her fingers—my sister was sitting at the piano at the time.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. Clara was with me in the shop when father came home—I did not go up with him the first time—Schmerfeld did not—father called down; then Schmerfeld went up—father came down and said, "I am robbed"—then Schmerfeld went up—I was in the room when father saw mother lying down, and Schmerfeld—father shouted; I do not know that Schmerfeld did—I did not see where he went—I did not see him run out of the shop shouting—I have said my father and Schmerfeld often went out together, not every day.</p>
<p>
<hi rend="italic">Re-examined.</hi> Where I was in the restaurant I could not hear anyone who went upstairs—when near the window in the front shop I could hear anybody go into the passage—I heard Koczula go upstairs; no one else—Susannah was not trying to play a tune that night—I never heard her bang the piano like she did that night—neither Mr. nor Mrs. Koczula told me they were going to leave—they did not say "Good-bye" to me or anything.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-151" type="witnessName">
<interp inst="t18940723-name-151" type="gender" value="male"/>
<interp inst="t18940723-name-151" type="surname" value="MARKS"/>
<interp inst="t18940723-name-151" type="given" value="WOOLF"/>WOOLF MARKS</persName> </hi>. I am the son of Alfred Marks, living at 163, Shaftesbury Avenue, two doors from 167—I am ten years of age—little Carl Rasch is a friend of mine—on Friday, 25th May, I met Carl and his little brother Otto, and went with them towards 167—I don't know what the time was—I saw Mrs. Koczula outside the passage door, and Mr. Koczula walking up and down—I do not know whether he had an apron—Mrs. Koczula said to me, "You must not go in there; you will wake Mrs. Rasch up"—I waited outside five or ten minutes—I did not see what became of her—I did not see her any more—I then went in through the shop door; Clara, Paul, Otto, and his brother Ernest went in with me—whilst we were there Clara began</p>
<xptr type="pageFacsimile" doc="189407230037"/>
<p>to play the piano, which was in the corner of the restaurant, to the right as you go in, near to the kitchen—I was standing by the side of the piano—both the doors were open; I could see into the passage—whilst Clara was playing Mr. Koczula came into the restaurant, spoke to Mrs. Koczula, and then went upstairs—she was downstairs in the shop; she came in there before him—he came through the passage and kitchen into the restaurant—I did not hear what he said to her; he spoke quietly, and then went upstairs; I saw him go—then Mrs. Koczula suddenly said to Clara, "Play the piano"—then she said, "Leave off playing now"—she did not—when she was playing she came with her two fists and began banging on the piano—I said, "If you bang so hard you will break the piano down"—she took no notice, but went on banging—then Clara said, "I heard somebody halloaing upstairs," and Susannah hanged harder with her fists, like that (
<hi rend="italic">describing</hi>), with both hands—she said, "There is no one halloaing upstairs," and five minutes afterwards she undressed the baby and took him up to bed, and she did not come down any more—that was the last I saw of her—during the whole of this time Mr. Koczula was upstairs; at least, I did not see him up there, I saw him going up, not right up—the stain begin just by the door—I could see the bottom of the stairs as I stood by the piano—I stopped in the restaurant about ten minutes after Susannah took the baby up, and I then left—I don't know what time it was when I left—I saw nothing more of the prisoners that night—with the exception of Paul and Susannah and the children I saw nobody on the premises that night—I was standing beside the piano when Clara began to play, and I remained there until after Susannah had taken the baby up.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>. It was about eight when I saw young Carl Rasch—I cannot fix the time; that is my guess—we were outside at first, and we all went in together—I did not see the Koczulas till we were in the shop—I did not see them speaking to my mother that evening; they knew her—I knew that Mrs. Rasch often lay down of an evening—Mrs. Koczula did nothing to prevent our going in—the first time she would not let me go in, the second time she was not there—she did not do anything to prevent us—I have not gone upstairs many times—I have been out at the back once; it is very close to the other houses—neither I or Clara or Carl tried to go upstairs while we were in the shop—the door was open the whole time I was there—there is not much noise from the street; there is not much traffic in the night—there are cabs, but they don't make much noise—there is a noise opposite the hospital—there are schools, and a good many children about at eight o'clock—they play further down; not much there—sometimes they get excited and scream at each other.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANNOT</hi>. I first saw Clara outside the bird shop next door, with her brother, standing playing—I had come from home—I was playing with Carl and Otto outside the restaurant for a good time—Clara did not join us before we went in—Susannah was at the door—she only mentioned once about Mrs. Rasch being asleep—she said, "Don't make a noise, because you will wake Mrs. Rasch up"—we did not go away from the door; we stood outside—we went next door to the tobacco shop, and back again at once, remained there two or three minutes, and then went in—we were there about five minutes before Susan
<lb/>nah</p>
<xptr type="pageFacsimile" doc="189407230038"/>
<p>came in, and as soon as she came in she said to Clara, "Play," and then Clara played—I did not see Susannah give any of the children their tea while I was there—she did not leave the room from the time Clara began to play till she left off—the baby was in the kitchen—Susannah banged on the piano before she put the baby to bed; I never saw her come back—Clara was playing slowly—I don't think Susannah was angry with her for that; she told her to leave off, before she banged the piano—I heard no halloaing.</p>
<p>
<hi rend="italic">Re-examined.</hi> When we came back from the tobacco shop I noticed the passage door; it was closed; that was the door at which Susannah had been standing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-152" type="witnessName">
<interp inst="t18940723-name-152" type="gender" value="male"/>
<interp inst="t18940723-name-152" type="surname" value="MARKS"/>
<interp inst="t18940723-name-152" type="given" value="ALFRED"/>ALFRED MARKS</persName> </hi>. I am a furniture dealer at 163, Shaftesbury Avenue—I am the father of the last witness—I knew the two Koczulas as servants at the restaurant—on Friday night, 25th May, I saw them both from eight till a quarter to nine—Mr. Koczula stood outside by the restaurant window on the pavement, and Mrs. Koczula stood at the private door—she stood still, and he walked up and down—I had seen Mr. Rasch go out with Schmerfeld about eight—I left my premises about nine—Paul Koczula was then outside the window—I said to him, "You have got a clean shirt for Monday"—he said, "I am going to leave to-morrow"—I returned to my shop about half-past nine or a quarter to ten, and I saw the two Koczulas outside, moving up and down—Paul was in his shirt sleeves and a white apron—when I last saw Susannah, before nine, she had the baby with her; at half-past nine she had not—about half-past ten Mr. Rasch ran into my house; I went back with him to the premises, and then went for the doctor—I afterwards went with him to the basement, and there saw two baskets which he pointed out to me—I said, "I think they are empty"—we lifted them, and they were empty—about a fort
<lb/>night before I had seen a box go away from the premises; Schmerfeld and Koczula took it out through the kitchen door, and lifted it on to a cab—that was in the morning about ten; I don't know exactly—it was heavy; the two had quite enough to do to lift it, and the cabman had to help lift it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANNOT</hi>. I had known the Koczulas during the whole time they were in Mr. Rasch's employment—I had always considered them kind and respectable persons—they have sometimes conversed with me and my wife as neighbours—I was in the habit of seeing them daily—I have seen them outside for a few minutes, but not so long as this—they only told me once that they were going to leave—they once said they were going to America; that was a long time before—I said before the Magistrate, "The Koczulas had several times before the 25th May said they were going to leave Mr. Rasch's; I mean Susannah had told me she was going to leave"—she said, "We are going to leave"—after her confinement she said they were going to leave, and go to America—she was confined in January, while in Mr. Rasch's employment—there was nothing particular to attract my attention in seeing them walking up and down outside the premises; they were as usual, it did not strike me; I went away directly—Mrs. Koczula had no conversation with me about a robbery that had taken place at 177—she never spoke to me about a robbery—a burglary did take place at 177—there was no burglary: there had been several robberies at 177—</p>
<xptr type="pageFacsimile" doc="189407230039"/>
<p>that is five or six doors higher up—I did not hear that the thief escaped through Rasch's premises—the yard at the back is a very small one; there is a window on the half-landing—the dustbin is about three feet wide; it touches the wall—there is a space of two feet six between the dustbin and the house—on the top of the dustbin there is a cistern, the top of which is on a level with the wall that goes round the yard—a person standing on that cistern could not put his hand on the sill of the window; it is five and a half feet above the cistern, and no place to stand on—a person on the wall could walk along to the next house, and obtain access to three houses fronting Shaftesbury Avenue, and to three houses at the back.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COHEN</hi>. A lady and gentleman may come to the restaurant in the evening; how long they stop I cannot say—I did not say they stopped an hour or two.</p>
<p>
<hi rend="italic">Re-examined.</hi> I did not see anybody go into the house on 25th May, no lady or gentleman, or anybody else, all the time I was there—I know the back of the premises very well—no one could escape from the back yard without a ladder or steps—there has always been a ladder there, and after the murder I saw it in the yard, standing in a corner behind the closet door.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-153" type="witnessName">
<interp inst="t18940723-name-153" type="gender" value="female"/>
<interp inst="t18940723-name-153" type="surname" value="MARKS"/>
<interp inst="t18940723-name-153" type="given" value="BERTHA"/>BERTHA MARKS</persName> </hi>. I am the wife of Alfred Marks—I knew Mrs. Rasch; she was a big, strong woman—on the night of 25th May I was outside my shop from nine till ten—about nine I saw Mr. Koczula running up and down the street in his shirt sleeves—I called to him, "What is the matter with you, running up and down the street like this? Are you going mad?"—he said, "You will hear something to-morrow," and he went away again—he spoke in German—after that I saw him going up and down again, but I did not take much notice of him—I did not see him leave the premises.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANNOT</hi>. After he spoke to me he walked up and down—he was rather excited—when I spoke to him first he was not walking, he was between walking and running; not walking in the usual way—my husband was not with me then; he was some time in the even
<lb/>ing—he went away, and came back near ten, I don't know the time exactly—I know it was ten when we shut up—I saw Mrs. Koczula that morning, and she told me she did not like the place, and did not like Mrs. Rasch, and she would not be there very long—she told me, I don't know how many times, that she did not like the place—I did not tell Mr. Rasch of it; it was not my business to make mischief between the people—I saw Mr. Rasch on the Friday afternoon about five, outside, speaking to some
<lb/>one—I never mentioned anything to him about it.</p>
<p>
<hi rend="italic">Re-examined.</hi> She did not say a word to me on that Friday about leaving that night; she only told me she would not be there long—I had seen Paul Koczula walk up and down before that night, but not like he did that night—I took notice of it because he walked up and down like that all the evening—I was at my door from nine till nearly ten—during all that time I did not notice anybody go into the premises.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-154" type="witnessName">
<interp inst="t18940723-name-154" type="gender" value="female"/>
<interp inst="t18940723-name-154" type="surname" value="GAZE"/>
<interp inst="t18940723-name-154" type="given" value="EMILY"/>EMILY GAZE</persName> </hi>. I look after my father's bird shop at 165, Shaftesbury Avenue, next door to 167—on Friday evening, 25th May, I saw Paul Koczula walking up and down outside 167 all the evening, as far as I can recollect, from half-past seven till about half-past nine—I do not recollect ever</p>
<xptr type="pageFacsimile" doc="189407230040"/>
<p>seeing him there so long on any other evening; he was pacing up and down rather hastily—later on, it must have been half-past ten, I had to fetch some fish from Monico's, in Charing Cross Road; that took me from ten minutes to a quarter of an hour, and as I came back I met Paul Koczula half way up Shaftesbury Avenue—he had one arm in his coat, and the other one he was just going to put in—he was walking sharp—I did not see which way he turned, he was pant Church Passage—I could not tell if he had his apron on; he had something round his waist, tied up—I went on home, and when I got home I saw Mr. Rasch coming out of his door—he made some complaint—I did not go up to 167, but I saw that the passage door was closed—no strange person passed through our shop that night.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANNOT</hi>. I was not watching the premises the whole evening, only occasionally; I was looking at it; I was cleaning the windows in front of the house—I started that about seven—I had done the outside about half-past eight, then I went inside to clean them; that took me till about half-past nine—my attention was not given to what was going on next door all that time—it was about half-past eight, when I had just done the window, that I first noticed Paul Koczula—I had water fetched for me to clean the window—I was sitting sideways; I only cleaned the shop window—a robbery occurred at our house a few weeks before this; it took place on the first floor front—the thief has not been found—I have heard of several robberies taking place in adjoining houses.</p>
<p>
<hi rend="italic">Re-examined.</hi> All the bed clothes were taken from our room, and things off the chairs, mother's dress and father's coat, and several things—I don't know who took them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-155" type="witnessName">
<interp inst="t18940723-name-155" type="gender" value="male"/>
<interp inst="t18940723-name-155" type="surname" value="KLUNG"/>
<interp inst="t18940723-name-155" type="given" value="FRITZ"/>FRITZ KLUNG</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I am a musician, and live at 149, Shaftes
<lb/>bury Avenue—I know Mr. Rasch—on Friday, 25th May, I was playing cards with him in his shop—Schmerfeld was there; we left off playing about eight, I was going to a club that I belong to—when I got up from play Schmerfeld asked whether Rasch would go out for a walk with him; it was a fine evening—I left before them.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. I don't remember positively, but I think we began to play about four—Schmerfeld came in about an hour after we began—he did not play—the playing was a mutual understanding—it was I who said we must cease playing, because it was my evening at the club—Rasch did not say that he was tired, and should like some fresh air.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-156" type="witnessName">
<interp inst="t18940723-name-156" type="gender" value="male"/>
<interp inst="t18940723-name-156" type="surname" value="PLOOWWRIGHT"/>
<interp inst="t18940723-name-156" type="given" value="JAMES"/>JAMES PLOOWWRIGHT</persName> </hi> (594
<hi rend="italic">C</hi>). I was on duty in Shaftesbury Avenue on the night of the 25th May, in the neighbourhood of 167—about half-past eight I saw Paul Koczula standing outside the shop, and walking up and down in front of it; sometimes going into the shop, otherwise walking up and down—the last time I saw him was twenty minutes past nine—I passed the house after that at a quarter to ten—I then saw both the Koczulas standing at the door—as I passed Paul bade me good evening—I returned the compliment, and passed along—he then had on his apron and was in his shirt sleeves, as though he was at work—I saw no more of him that evening—about half-past ten the same night I heard cries of "Murder" coming from the house—I went with Mr. Rasch into the house; Mr. Marks went also—I did not see Schmerfeld at that time—I went into the</p>
<xptr type="pageFacsimile" doc="189407230041"/>
<p>front room, and there saw the body of the deceased woman; it was shown to me by the husband; he took me upstairs to see it—I did not move the body at all before the doctor came—I went at once for Dr. Lloyd, the divisional surgeon—I noticed that her legs were tied with these two pieces of cord (
<hi rend="italic">Produced</hi>)—I afterwards took them off—one of the pieces was tied very tight, just above the ankle; the other was much looser, just below it—both were tied round the ankle—the two pieces appear to be the same cord; the upper one was the tight piece—I saw two other pieces of cord in the room; I produce them—they were near the woman's head, against the fire-place—the feather bed was on the floor—on the mattress I noticed two spots of blood, in the centre of the bed, by the side near the edge; they looked fresh—the room was in great dis
<lb/>order, drawers pulled out, and so on—that same night I went down into the cellar—I there found some cord lying on the floor, or tied up to a leaden pipe—I examined it; it appeared as though a piece had been recently cut off it, the edges were quite fresh—I afterwards compared those pieces with the cord that was round the deceased's feet, and found that they corresponded; it was the same cord—I also examined the dust
<lb/>bin that same night, and in it found this bunch of keys, identified by Mr. Rasch—I tried one of those keys and found it fitted the wardrobe—this waiters' apron I found in a sort of ash-hole, or small dustbin, in the passage leading to the back yard; it was dirty, but useable—that same night I examined the back of the premises, with the assistance of police lamps, with a view of ascertaining whether anybody had got in or out; I found no trace—I renewed the examination in the morning by daylight; I found no traces whatever, no footsteps or any marks.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANNOT</hi>. The yard is paved with large stones—there was no earth on which to find footmarks—I had been on this beat for some months, on and off—I knew the Koczulas well by sight; I never spoke to him before that night—I had seen him frequently walking up and down outside the restaurant; there was nothing to call my special attention; he was walking quietly up and down—when I went to the house I went up to the second floor immediately—I went into the second floor back room; there was a bed there, it had been used, not slept in; the clothes were turned down on one side; it did not appear to have been recently occupied—there have been some robberies at 177; more than one—it is now a boot shop—I can't say if there has been a robbery at 165—the police have not been employed in investi
<lb/>gating the robberies at 177—the cord I found in the basement is not similar to that which was tied round the woman's legs—the cord found in the basement is the same as that found in the room—I examine it now carefully; I see no difference.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. I was first attracted to this by loud cries of "Murder," and I rushed toward them—I first met Mr. Rasch, then Mr. Marks, and several others who I did not know—when I got there the place was excited; there was general confusion—there were about twenty people there when I got there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-157" type="witnessName">
<interp inst="t18940723-name-157" type="gender" value="male"/>
<interp inst="t18940723-name-157" type="surname" value="LLOYD"/>
<interp inst="t18940723-name-157" type="given" value="SAMUEL"/>SAMUEL LLOYD</persName> </hi>. I am surgeon to the D Division of police—on 25th May I was called to 167, Shaftesbury Avenue—I arrived there about twenty minutes to eleven—I went to the front room on the first floor, and there saw the deceased woman—I made some notes at the time of what</p>
<xptr type="pageFacsimile" doc="189407230042"/>
<p>I then saw—she was lying on the floor on her back by the side of the bed, about eighteen inches from it—her legs were semi-flexed; her ankles were tied together very tightly by one piece of cord somewhat more loosely by the other, the tight piece being above—there were extensive abrasions about the face; the right nostril was blackened; the whole nose was somewhat pushed over towards the left—the internal surface of the lips was bruised, slightly lacerated; the gums in front of the incisor teeth were also bruised—there was what appeared to be a thumb and finger mark on the neck, the thumb mark on the right and the finger mark on the other side, as though a hand had been held across the neck in front, and those little marks were curved like nail marks—the left hand had some small abrasions, not scratches; they were minute abrasions—the skin was cut very slightly; they were very minute, just above the knuckles—the body was still warm; death rigidity had not set in—I made the examination at twenty minutes to eleven—in my opinion she had been dead very probably about an hour or a little longer—the room was in great disorder at the time—the body was lying on the floor, the head towards the grate, about three inches away, in an opposite direction to the pillows—the head of the bed was towards the door—I formed the opinion that death had been caused by suffocation—I saw no bed clothing on the body when I went into the room—it had been taken away—I saw it afterwards—I was shown a bedgown, two pillow cases, one towel, one white silk handkerchief, and a pair of ladies' drawers; they were all blood stained; the white silk handkerchief was tied loosely round the throat—there was no blood from the ears; there was from the nostrils—that is usual in cases of suffocation—there was no more blood in this case than I should expect to find in a case of suffocation—I should expect only such as would enable the assailants to get away bloodless; there was no wound of any magnitude; the pressure over the mouth and nose would prevent the escape of any blood—my attention was afterwards directed to the mattress; I do not quite recollect whether it remained on the bed—I have no note of any fresh stains of blood upon it; I did not notice it—on Sunday, the 27th, I made a post-mortem examination, and I then saw all I have described on the body—there was an abrasion on the bridge of the nose—the left side of the heart was contracted and empty, the right side was full of dark fluid blood; that is an indication of death by suffocation—the heart itself was perfectly healthy—the vessels of the brain were congested with dark blood, another indication of death by suffocation—in my opinion death was caused by pressure of the hand on the mouth and nose—there was no bruising about the neck; no such injury to the larynx as would cause death—a deeper dissection did not show bruising of the larynx—the marks of the thumb and finger showed that the throat had been grasped and held—the abrasions about the face and hands indicated that there had been a tremendous struggle, and that she had made a forcible resistance; in order to overcome that resistance there must have been very considerable pressure—I should think it was quite consistent with the evidence that one person should have smothered her, whilst another tied her feet—to the best of my opinion the cord was tied round the ankles in the tight condition in which I found it during the woman's life; I made an incision beneath, and the extravasation was complete—on 29th May, about half-past seven in the morning, I saw</p>
<xptr type="pageFacsimile" doc="189407230043"/>
<p>Schmerfeld, and made an examination of his left forearm; I found on it two wounds that had been dressed, one a little above the wrist, the other a little below the elbow, and between those two another wound—the three were about three-quarters of an inch in length and across the arm—I also examined the right forearm and found a wound across it—they were such wounds as would be inflicted by a razor, not likely to have been accidentally, but intentionally inflicted, and possibly self-inflicted.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANNOT</hi>. There was not much to guide one in forming an opinion whether one person alone could have murdered this woman—I think if the cord could have been tied without waking her, then one person might have murdered her—from the position of the body I think the struggle probably took place on the bed.</p>
<p>
<hi rend="italic">Re-examined.</hi> I say that judging from the position of the marks, the bed was against the wall—I should say it was a right hand that held the neck—there was nothing to prevent her getting off the bed unassisted as far as the legs were concerned; I can't see why she could not have got off the bed; she could not have walked.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I do not think what I saw was consistent with the pillow or bolster being used; they would be too soft to produce such ex
<lb/>tensive abrasion; it is clear that the hand must have been used to the neck; that was not the actual cause of suffocation; the skin was literally abraded all over the face; I don't think a pillow could have done that.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">JURY</hi>. The commission of such an act would occupy a very few minutes—I think it would be possible to tie the legs without waking her or enabling her to make an alarm, if rapidly and skillfully done—there were great abrasions on the face; the skin was moved all over the face, and a great deal of skin was rubbed off, as if she was struggling against the force used against her—she was bruised just about the throat, but I am unable to say whether that discolouration was post-mortem or not; the tissue was evidently bruised—there was no indication of a gag; I saw nothing of the kind—the cord on the ankle was tied in the very best kind of knot, a reef knot.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-158" type="witnessName">
<interp inst="t18940723-name-158" type="gender" value="female"/>
<interp inst="t18940723-name-158" type="surname" value="BIDDIS"/>
<interp inst="t18940723-name-158" type="given" value="EMILY"/>EMILY BIDDIS</persName> </hi>. I let apartments at 4, York Street, Commercial Road East—on Friday, 18th May last, Schmerfeld came there and said he wanted a furnished room for two friends, a man and his wife, Germans, who could not understand English, they had one baby, but it was dead—they wanted to come in that night between eleven and half-past—I asked what made them come in so late—he said they were going to the theatre with him in Shaftes
<lb/>bury Avenue—the room was to be 4s. 6d. a week—he paid me 1s. deposit and left—I waited up, but the Germans did not come—next day, the 19th, he came again with a cart and another man with him besides the carman, a tall man with a moustache. (
<hi rend="italic">Looking at a photograph said to be of Kempf</hi>)—that is very much like the man—they brought two boxes with them, which were put into the room which Schmerfeld had taken—I objected to take them in—he said his friends could not get there on the Friday; they would come on the Saturday—I made an objection to receiving the woman—he said he did not know what to do; would I let them stay there till the Monday, and he would take another room, and he would take my room himself if I wished for a single man—he then went away with his friend, leaving the two boxes—I asked him for the rest of the money for the room—he</p>
<xptr type="pageFacsimile" doc="189407230044"/>
<p>said I had £50 worth of goods in the boxes—on the Saturday night no one came, nor on the Sunday, but on the Monday Schmerfeld came and said his friends objected to leave their apartments where they were for two nights, and he had succeeded in getting them another room—he paid me the balance, 3s. 6d., and said he would come and occupy the room, and would be there between eleven and half-past that night—I gave him a key of the street door; but he did not come, and I never saw him again—the two boxes remained in the room till the Sunday following, Sunday, the 21st, when the police came and took them away; they showed me the key of the street door which I had given to Schmerfeld—I asked Schmer
<lb/>feld his name—he said, "George"—I said, "What George?" and he said, "George Grand," spelling it—he spoke English well—I don't think he said what he was; he said he was out of work—he did not tell me his friend's name.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. I have been ill for a long time—I think I was in bed about two months before Schmerfeld came—my memory is all right if I am not upset—I was not upset on the Sunday when the policemen came—I asked them what authority they had—I don't think I was excited—they asked me if I had let a room, and wanted to know if I had two boxes, and I said, "Yes"—Schmerfeld when he came to take the room was dressed as he is now—I don't think he had my whiskers, only a moustache—I was anxious to let my room, it had been unoccupied four days—I am not mistaken in thinking he said the theatre they were going to was in Shaftesbury Avenue—I don't know if I have said before that he told me there was £50 worth in the boxes—I can't remember.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-159" type="witnessName">
<interp inst="t18940723-name-159" type="gender" value="male"/>
<interp inst="t18940723-name-159" type="surname" value="SMITH"/>
<interp inst="t18940723-name-159" type="given" value="THOMAS"/>THOMAS SMITH</persName> </hi>. I am a carman at 48, Little Albany Street, in the service of a van proprietor—on Saturday, 19th May, in consequence of orders I received, I went to 89, Charlotte Street, Fitzroy Square, with a van, and fetched from there these two boxes (
<hi rend="italic">Produced</hi>)—I took them to 4, York Street, Commercial Road—a man named Kempf and Schmerfeld went with me—Schmerfeld paid me 3s.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>. That was the last time I saw Kempf—I had seen him before; I knew him for about eighteen months working down a yard there in Cleveland Mews, where I work.</p>
<p>
<hi rend="italic">Re-examined.</hi> He lived at 89, Charlotte Street—I did not know that Schmerfeld lived there—I have never been to Kempf's room.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-160" type="witnessName">
<interp inst="t18940723-name-160" type="gender" value="female"/>
<interp inst="t18940723-name-160" type="surname" value="HARTE"/>
<interp inst="t18940723-name-160" type="given" value="THERESA"/>THERESA HARTE</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I live at 89, Charlotte Street, on the third floor—I have three rooms—up to the 25th of May this year a man named Kempf was living with me there—two or three months before 25th May, I let one of the rooms to Schmerfeld—he lived there with Helena Harman, in the next room to mine—early in May I remember Schmerfeld bringing this box there—it was coloured in this way when he brought it, white and black; this other box belonged to Kempf—I remember Schmerfeld and Kempf taking the two boxes away—the black box was almost empty when I last saw it—two or three days after that, on a Monday, Schmerfeld asked me, in Kempf's presence to take a lodg
<lb/>ing for Koczula, he did not say where—5s. was given me to pay for the lodging—I can't remember which of them gave me the money, I found it on the table—next day I went to 181, Hampstead Road, because I heard from a German lad, a servant, that a lodging was to be let there, and I went and took the room and paid the woman the 5s.; I don't know the</p>
<xptr type="pageFacsimile" doc="189407230045"/>
<p>name—in the evening I saw Schmerfeld, and told him what I had done; I told him the name of the road, but not the number—I saw him on the Wednesday, Thursday, and Friday—he said nothing to me about the Koczulas coming to Charlotte Street—on the Friday evening, the 25th, Kempf was at home about nine—I went to bed first about nine, then the Koczulas came about ten, or a little after—they asked me to tell them where the lodging was, and I went with them to Hampstead Road in a cab—Mrs. Koczula was carrying an umbrella, and he carried a small handbag—I did not go into the house; I saw the landlady and left the Koczulas there, they paid for the cab—I then went back to Charlotte Street—I can't say whether it was ten or eleven when I got back; Kempf was there, in bed—he was not in bed when the Koczulas came to the house—I went to bed—I missed Kempf at an early hour in the morning—when I got up he was not there—I did not see Schmerfeld on the Friday night—I heard of the murder on the Saturday morning, the 26th; the police came to the house with Mr. Rasch before six—Kempf had then gone—I looked out of the front window because the bell rang, and I saw the police—Helene was not with me—Schmerfeld was taken away by the police—he returned the same afternoon—I saw him the next morning, Sunday, that was after he had attempted to commit suicide—he came in and showed me his arms; he said he could not die, he would go away; he did go away, about six in the morning—I was going to take the room at Hampstead Road for two persons; the landlady said it was very small, and I then said I would take the wife to my place—I did not tell Schmerfeld of that.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>. I have a little alarum clock, but that does not show the time to be relied on—if I said before the Magis
<lb/>trate the Koczulas came a little after nine, I meant that I did not know the exact time—I can not tell when I went to bed on the night of the 25th, I could not tell exactly; I was up a very short tine, and then went to bed again—I should like to find Kempf if possible, he has left me with two children to support—I have heard no trace of him; I had no idea he was going away; this was the first time for four years that he has been away from London—I don't know how much money he had when he left; we were very badly off; all the money I had in the world was 2 1/2d.—Kempf was in the house when the Koczulas came—I had heard the Koczulas say that they were going to leave this place—about a fortnight or so before the 25th of May I was out one evening with them, at a public-house—I did not on that occasion see Mr. Koczula's purse; I did not see a £10 note in his purse; I never looked into his purse at all on any occasion—I don't remember remarking what a lot of money he had about him—on the evening they came nothing was said about not wanting their address known—I noticed nothing unusual in their manner or appearance—I have been in a public-house with them, but not in Hyde Park; it was near Regent's Park—I do not remember seeing the inside of his purse and seeing a lot of gold, and remarking what a lot of money he had.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANNOT</hi>. When the Koczulas came on the night of the 25th they came up into the room; Kempf was there then; he was not in bed; when I returned he was—I had not known him in</p>
<xptr type="pageFacsimile" doc="189407230046"/>
<p>Germany—I don't know whether he had previously been in trouble for robbery.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. I had lived with Kempf all the time since he came to England—it was on the Monday that Schmerfeld asked me to take the lodging; Kempf was present—I believe it was Schmerfeld that asked me; I should be very much mistaken if it had not been him; I believe it was he—it was when we were sitting at the table—Kempf was speaking about them also—I have said before that I told Schmerfeld I had taken the room, and I told Kempf the same day—on the Saturday Schmerfeld, Helena, and I had a conversation together—it was on the Saturday that Schmerfeld asked, in Kempf's presence, if I had taken the lodging—at the same time he asked me for pen, ink, and paper—Helena gave him some—I then told him the number and the road in Hampstead Road—I did not mention the street to him, because he knew it—on the Saturday I mentioned the street and the number in Hammond's presence, in answer to a question of Schmerfeld's—I found the 5s. on the table; I don't know who put it there, it might be Kempf—the police produced a key to me when they came, and a black coat or overcoat, which I believe was Kempf's; they told me they had found it on the roof of our house—I could not get on to the roof from our room; there is no passage, or ladder, or anything of the kind; it is about four feet from our room to the roof; a man could do it—Schmerfeld slept in the front room—another man also occupied that room; they always left their door open at night; the adjoining room was occupied by a man and his wife; they usually kept their door locked.</p>
<p>
<hi rend="italic">Re-examined.</hi> Kempf was at work on the Friday; he had been in work up to that time; he earned £2 a week; he usually got his wages on the Saturday—when the police came on the Saturday I did not tell them where the Koczulas had gone to, because I had no idea of the address.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-161" type="witnessName">
<interp inst="t18940723-name-161" type="gender" value="female"/>
<interp inst="t18940723-name-161" type="surname" value="WESTON"/>
<interp inst="t18940723-name-161" type="given" value="WILHELMINA"/>WILHELMINA WESTON</persName> </hi>. I live at 181, Hampstead Road; I let apart
<lb/>ments—on Tuesday, the 22nd of May, Miss Harte came and took a room, and paid 5s. for the week's rent; I gave her the key—on Friday night, 25th, the two Koczulas came between ten and eleven, accompanied by Miss Harte; she came downstairs for the lamp, and took it up with her—I did not see the Koczulas on the night of their arrival—the first I saw of them was next day, Saturday—the man came down for some food between one and two in the day—they slept in the house on the Saturday night, and were arrested on the Sunday.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-162" type="witnessName">
<interp inst="t18940723-name-162" type="gender" value="female"/>
<interp inst="t18940723-name-162" type="surname" value="HARMAN"/>
<interp inst="t18940723-name-162" type="given" value="HELENA"/>HELENA HARMAN</persName> </hi>. I live at 89, Charlotte Street—I became acquainted with Schmerfeld between three and four months ago—I was not in the habit of visiting him at 89; I went to see Mrs. Kempf there, Theresa Harte—I stayed at 89 for six weeks with Schmerfeld—he was not earn
<lb/>ing any money or doing any business at that time—I lived on my own money which I had saved in my situation: I had previously been in ser
<lb/>vice—I spent all the money I had saved, and then I put my jewellery in pawn—at the end of the six weeks I got a situation, leaving Schmerfeld at Charlotte Street—I stayed in my situation three weeks, and on the Saturday before the murder I returned to Charlotte Street; that would, be the 19th—Schmerfold was still living in Charlotte Street when I got back—I saw a large box there, like this white one—I did hot know it was his box—I asked him where he was going—he said, "To Dresden, to the</p>
<xptr type="pageFacsimile" doc="189407230047"/>
<p>Grand Hotel"—I saw the other box there also, the black one—both the boxes were taken away by Schmerfeld and Kempf that same day, the 19th—Schmerfeld came back on the Saturday morning, and slept at the house that night—on Monday he said he was going to the station on Tuesday—during the Saturday, Monday, and Tuesday I was living there with him—he only slept there; he did not live there—I don't know who paid for my living; I did not pay—I did not have my meals there; I only slept in the room with Schmerfeld—Mr. Kempf was a friend of mine—I left on the Tuesday, and went to stay with a friend—on the Wednesday I went again to 89, Charlotte Street, to fetch a letter—I saw Schmerfeld there—on Thursday, the day before the murder, I met Schmerfeld in Regent Street with Mr. Rasch—Mr. Rasch said something to me; Schmerfeld was pre
<lb/>sent—that night I slept at Mr. Rasch's house, 167. Shaftesbury Avenue—I went there in consequence of what Mr. Rasch had said to me—a gentleman went with me—next morning I saw that gentleman hand a £10 note to Mr. Rasch, and he gave him the change—that was in the passage—Mrs. Koczula was present when he handed the £10 note to Mrs. Rasch—I saw Schmerfeld that morning at Ranch's house about ten o'clock—the gentleman had left the house then—I did not know that Schmerfeld was coming there that morning—he knew I had been sleeping there that night, because he asked for me of Mr. Rasch directly after I had gone in with the gentleman—I bought Schmerfeld a pair of shoes on the Monday; I went with him to the shop, and paid for them—I don't remember giving him any money—I paid for the shoes because he asked me—I said nothing to him, or he to me about any money I had got the night before—on Saturday morning, 26th May, I went to 89, Charlotte Street—I had heard of the murder on the Friday night—Schmerfeld was not at the house when I got there—afterwards he came in—I asked him what was the matter, why the police locked him up—I heard he had been to the Police station—he said he was innocent; he had done nothing—he went to his own room—I stayed in the room with Mrs. Kempf—soon after he came into the room where I was, and asked for the razor—he picked up a razor which was there—I took it from him because I said he would kill himself, he looked so frightful, I would not let him have it—he went back to his room—he came again to mine and asked for the razor, and for whisky—I gave him the razor—he came again after that, and asked for pen, ink and paper, and he asked the address where Mr. and Mrs. Koczula lived—Mrs. Kempf said 181, Hampstead Road—I last saw him that night at ten o'clock—he came into my room, and bade me "Good-night"—he was very excited—he said he was going to kill himself because he could not bear the shame—next morning, Sunday, he came to the room where I had been sleeping with Mrs. Kempf that night, and said he could not starve, and he had cut himself—he showed me; it was on the right arm—he left the house that Sunday morning; he did not tell me where he was going—on the Saturday night he gave me this piece of paper, on which is written "Commercial Road, York Street, No. 4"—he said, "my photograph was there," and I went and fetched it—he said he had a room there, and there were his boxes, and that I would find my photograph—I had given him a photograph—I afterwards saw these</p>
<xptr type="pageFacsimile" doc="189407230048"/>
<p>boxes opened by the police—the photograph was on the table in the room—I saw in one of the boxes things I recognised as belonging to Mr. and Mrs. Koczula—I don't know if the other things in the box belonged to Schmerfeld.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>. 167, Shaftesbury Avenue, is frequented by women with gentlemen—I have only been there once.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANNOT</hi>. I went there in consequence of Mr. Rasch saying that if I did anything in that line he would like me to take the gentlemen there.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. I have known Schmerfeld about five months; I had been staying at 89, Charlotte Street, with him—I left him on 25th April, a month before the murder—I returned to 89, Charlotte Street, on the Saturday prior to the murder—on 22nd, after I heard of the murder, I was in the room with Miss Harte and Schmerfeld, and I heard him ask her for the Koczulas' address, and she told him 181, Hampstead Road—he did not talk much about his arrest—it was about two on the Saturday—he did not talk about the police questioning him about the murder—he was very excited—he said, "I have been to the Police-station; I cannot stand the shame of being charged"—he said he felt great shame because he was arrested—he did not say on the Saturday, "I cannot die"—he said, "I cannot starve"—he said on the Sunday, "I cannot die"—he was in a very excited condition on the Saturday when he asked for the razor—I saw that box in Kempf's room the last week I stayed with him—I do not recognise the black box—I had deter
<lb/>mined to leave Schmerfeld on the Saturday, and stay with friends—I intended to take another situation—I came in on the Saturday morning, and at once told him I was going to look for another place.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. I took rooms for myself—Schmerfeld said he was going for a situation.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-163" type="witnessName">
<interp inst="t18940723-name-163" type="gender" value="male"/>
<interp inst="t18940723-name-163" type="surname" value="HANHART"/>
<interp inst="t18940723-name-163" type="given" value="HENRY ALFRED"/>HENRY ALFRED HANHART</persName> </hi>. I live at 83, Charlotte Street, Fitzroy Square—the numbers run unevenly—Nos. 85 and 87 are between my house and 89—there is a skylight with a number of panes of glass at the top of the shop—on Saturday, the 26th May, about nine a.m., I found on going into the shop this half of a silver cigarette case (
<hi rend="italic">produced</hi>) lying upon the counter which stands in the middle of the shop—on looking up to the skylight I saw one of the panes of glass had been broken in such a position that this half case would fall where I found it—I know the back premises of No. 89—I have been up to them, but not lately—this could have been thrown from the back of No. 89—I handed it to the police.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-164" type="witnessName">
<interp inst="t18940723-name-164" type="gender" value="male"/>
<interp inst="t18940723-name-164" type="surname" value="GREET"/>
<interp inst="t18940723-name-164" type="given" value="THOMAS"/>THOMAS GREET</persName> </hi> (
<hi rend="italic">Inspector C</hi>). Early on the morning of the 26th I had heard of the murder in Shaftesbury Avenue—about eight a.m. I was at Marl borough Street Police-station—Schmerfeld was there—I was there again about midday—Rasch had made a statement to the police, which had called for an investigation, which was made—about twelve o'clock in the day Superintendent Smith, in my presence, said to Schmerfeld, "There is no charge against you; I am going to put some questions to you; you need not answer unless you like, but what you do say may be used in evidence against you"—in answer to the questions put to him by Superintendent Smith, Schmerfeld said, "It was about eight o'clock when</p>
<xptr type="pageFacsimile" doc="189407230049"/>
<p>I went out with Mr. Rasch last night; we went for a walk to Hyde Park; we returned about 10.30 p.m.; when we came into the shop the children were there. Mr. Rasch asked the children, 'Where is mamma?' The oldest boy said, 'Mamma is asleep.' Mr. Rasch went upstairs and had a look; he came down and said, 'Everything is upset, just come up and have a look.' I came up with Mr. Rasch; Mr. Rasch lifted up a cloth and said, 'There is my wife lying'; I had just a look at her face and Mr. Rasch screamed and went down; I ran down and holloaed out and ran for police towards Oxford Street; I turned to the left; I went to the corner of Shaftesbury Avenue, a clothing shop, and came back again. When I came back I saw a policeman there and a crowd of people. I did not see a policeman when I first went out. Afterwards I went towards Regent Street, telling people what had happened. I told some men and some women; I do not know their proper names. I walked about. I was beside myself. I did not like to hear Mr. Rasch and the children crying. I was in the Leicester from 12 to 12.30 a.m. I went home when I came out of the Leicester, to bed. I knew Mr. Rasch's servants as long as they were in the house. They said they came from Cologne. I have not seen any letters from their friends. I live at 89, Charlotte Street. I am living with a party named Kempf on the third floor. It is a woman. Both servants (Koczulas) visited me at Charlotte Street. I saw them last Wednesday dinner-time. They were sitting at the table eating. I have not seen them since. I had no idea where they have gone. I do not know if they have a box. I have seen no box belonging to them. I stopped with Mr. Rasch when he came here; I have been in Charlotte Street since February. In February when I left Mr. Rasch, the two servants were still there. I had a box of clothing, which I left with Mr. Rasch as I could not pay. I took it away about three weeks ago, and cook it to Charlotte Street. It is not there now; it does not belong to me now; I sold it. I sold the box to a seafaring man; I sold it in Charlotte Street two days after I took it away. I came to know that the seafaring man wanted a box, in a beerhouse in the neighbourhood. I am a waiter, but doing no business now. I have not heard the servants say they were going away; they visited the woman Kempf. I am not living with her. I occupy the front room on the third floor, and pay 4s. rent a week for it. The woman Kempf occupies three rooms on that floor, and she supplies me with food. After I left Mr. Rasch's house I spoke to Rudolph, who lives at Goldstein's, furniture dealer, New Compton Street. I spoke to a woman named Visole, who lives at Goldstein's also. I said, 'They robbed Rasch.' I said, 'Mrs. Rasch was lying on the floor.' I did not know what was the matter. Mr. Rasch and I went to several public-houses. I paid for drink, and Mr. Rasch paid for some. Mr. Rasch paid for the last drink we had at the Swallow public-house"—Having made that statement Schmerfeld was permitted to go—he was retaken on the 29th May, when I charged him with being concerned in the murder—he spoke English very well—the charge having been read over to him he said, "I know nothing about this charge at all."</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. I have been in the force twentyone years—I am chief inspector of a very large district in the West-end—I questioned Rasch very closely, also the inspector who brought Schmer
<lb/>feld in—Smith is head of the division; I am head of a department—</p>
<xptr type="pageFacsimile" doc="189407230050"/>
<p>Smith assisted in the investigation—Schmerfeld answered Smith's questions freely and openly.</p>
<p>
<hi rend="italic">Re-examined.</hi> At the time Schmerfeld was discharged I knew nothing about the boxes; that came out between the Saturday and the Tuesday.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-165" type="witnessName">
<interp inst="t18940723-name-165" type="gender" value="male"/>
<interp inst="t18940723-name-165" type="surname" value="FORD"/>
<interp inst="t18940723-name-165" type="given" value="CHARLES"/>CHARLES FORD</persName> </hi>. I am an Inspector of the Thames Police—about 2.20 a.m. on 29th May I saw Schmerfeld at a part of the river called Ratcliffe Cross, crouched behind a pile on the shore—I asked him what he was doing there—he replied, "I want to get on that ship"—two vessels were lying in the stream—I asked him what he wanted to go on board for—he replied, "I want to get to Holland"—I said, "This is not a proper time in the morning to come down to get on board of a ship to go to Holland; what are you?"—he said, "I am a German waiter"—in my printed infor
<lb/>mation I had a description of him, and said, "Show me your wrist"—he showed me his wrist and I saw he had a bandage on it—I said, "What is the matter with your wrist?"—he said, "I cut it with a piece of glass"—I said, "I shall arrest you and take you to Wapping Police-station"—at the police-station I asked him where was his stick—he was supposed to have been carrying a crook-handled stick—that was part of my informa
<lb/>tion—he replied, "At the house"—I said, "What house?"—he said, "Mr. Kempf's"—I said, "Where is Mr. Kempf?"—he said, "I don't know, I have not seen him since last Friday week"—that was the Friday pre
<lb/>ceding the murder, the 18th—I searched him—he had no money.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-166" type="witnessName">
<interp inst="t18940723-name-166" type="gender" value="male"/>
<interp inst="t18940723-name-166" type="surname" value="GREGORY"/>
<interp inst="t18940723-name-166" type="given" value="THOMAS"/>THOMAS GREGORY</persName> </hi> (
<hi rend="italic">Police Sergeant C</hi>). On Saturday, 26th May, I received from the landlord or agent of the house this key of No. 89, Charlotte Street (
<hi rend="italic">Produced</hi>)—Mr. Maitre is the landlord or agent—I have since found the key belongs to the front door of No. 4, York Street, Commercial Road—I showed the key to Schmerfeld on Saturday, 26th May, after he had been discharged—he said, "It is not my property; I have never seen it before in my life"—I told him it had been found in a recess on the stairs at 89, Charlotte Street—he said, "I know I shall be blamed for this, but I am innocent; I went for a walk with Rasch, and when I got back to Shaftesbury Avenue I heard the children crying, and I was frightened; I ran away; I went to Oxford Street and then back to the Leicester public-house" (that is at Leicester Square, the corner of Wardour Street); "I went back home and stayed there until the police came and fetched me"—this was at 89, Charlotte Street—he asked me if I could speak to him outside—I said, "Yes"—he said, "If I knew where these people were I would tell you"—no reference had been made to any people—this was about six p.m.—he was in bed—I waited for him—I went to the Blue Post public-house—he said he would try and find out where the people were, and let me know by twelve o'clock on Sunday—I left him—I went back to the house on Sunday, 27th—he was gone.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. He told me he had been locked up—he did not seem agitated after he got up when I saw him outside, which was in the course of half an hour—I only remained on the premises ten minutes, or a little more—I was not talking; I was waiting for him to get up—I may have spoken to him while he was getting up—I went there for this key—I may have spoken to him about the murder; not for ten minutes, I could not say the time—I did not mention the parties con
<lb/>cerned—I mentioned Rasch—I may have mentioned Kempf—I could not say I did; I do not think I did—I mentioned Koczula—upon that</p>
<xptr type="pageFacsimile" doc="189407230051"/>
<p>Schmerfeld said he would endeavour to find out where they were—I do not think I did mention Koczula.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-167" type="witnessName">
<interp inst="t18940723-name-167" type="gender" value="male"/>
<interp inst="t18940723-name-167" type="surname" value="DREW"/>
<interp inst="t18940723-name-167" type="given" value="EDWARD"/>EDWARD DREW</persName> </hi> (
<hi rend="italic">Detective Sergeant C</hi>). About 3.30 a.m. on 29th May I went to Wapping Police-station, where Schmerfeld was detained—I said, "I am a police officer, and I shall take you into custody on a charge of being concerned with Paul and Susannah Koczula, who are already in custody, in stealing a quantity of jewellery and money, of the value of about £80, from Mr. Rasch, of 167, Shaftesbury Avenue, last Friday night"—I said, "Do you understand me?"—I knew he was a German—he said, "Yes; I was not in the robbery at all"—I had received from the police there one pair of gloves, one tobacco pouch, and one rubber stamp—those were the only things found on him—I conveyed him to Marlborough Street Police-station in a cab—on the way he said, "Everyone must speak the truth; I did not do any thing, but I was afraid. I have had nothing to eat since Friday last but two eggs, which I found in Regent's Park under a hedge, where I slept since last Sunday. Last night I walked to the docks to try and get on a ship to go to Rotterdam"—I afterwards went to 89, Charlotte Street—I saw in the room which had been occupied by him clothes saturated with blood—the prisoner was charged at the Police-station with being accessory to the robbery, and the articles were specified—he was also charged with attempting to commit suicide—he said nothing when that charge was read over—I examined the premises, 167, Shaftesbury Avenue, about 3.30 or four p.m on 26th May, to ascertain if there were any signs of a person having got in or escaped by the back premises—I could not discover any—there was a ladder leaning against the house—it was not in a position as would assist any person to get in or out—I put the ladder against the back of a house in New Compton Street to look over the other side—there was no sign of anyone having scrambled over.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. The property found on Schmerfeld was his own—I did not follow him from Charlotte Street on the Sunday.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-168" type="witnessName">
<interp inst="t18940723-name-168" type="gender" value="male"/>
<interp inst="t18940723-name-168" type="surname" value="KANE"/>
<interp inst="t18940723-name-168" type="given" value="JOHN"/>JOHN KANE</persName> </hi> (
<hi rend="italic">Sergeant D</hi>). In consequence of information I went on Sunday, 27th May, about 12.45 in the middle of the day, to 181, hamp
<lb/>stead Road—when the door was opened I went upstairs to the third floor with an inspector—in the front room I found Paul Koczula in bed—Susannah Koczula had opened the door—she was up and dressed—I said, "Koczula, I need not introduce myself; you know I am Sergeant Kane"—I knew him before—he said, "Yes, I know you; I will not give you any trouble"—I spoke in English—the woman was standing with her back to the fireplace—I took her by the arm and led her over to the edge of the bed, where the man was still lying—I said, "Now listen attentively to what I am going to say to you; you will both be charged with being concerned together in having feloniously and wilfully killed and murdered Mrs. Sophy Rasch at 167, Shaftesbury Avenue, on Friday night last, between half-past eight and ten o'clock, the 25th of this month"—neither of them said anything—I said, "You will be further charged with being concerned together in stealing about £50 in money, and about £30 worth of jewellery at the same time and place"—the man said, "I did not steal any jewellery from Mrs. Rasch"—this was in broken English—the woman said nothing—I said to the man, "Do you understand the charge of murder I have preferred against you?"—he</p>
<xptr type="pageFacsimile" doc="189407230052"/>
<p>first said, "Yah," and then, quickly, "Yes, yes, I understand"—I turned to the woman, and said, "Do you understand the charge of murder?"—she said, "Yes, I understand"—at the station, when the charge was read over, the man, pointing to the woman, said in broken English, "She knows nothing about it"—when the man had got out of bed and dressed I said, "Hand me whatever property you have got about you"—he handed me a purse containing £9 10s. in gold, 16s. 6d. in silver, and 7d. in bronze—after they had been charged I went back to the room which they had been occupying—I found a small foreign portmanteau containing female wearing apparel, this small gold watch (
<hi rend="italic">produced</hi>), which was identified the same day at the Police-station—before going to Hampstead Road I had found at 89, Charlotte Street, these two documents (
<hi rend="italic">produced</hi>) on a small dressing table in a corner of the room which Schmerfeld had been occupying—this card was underneath the letter, which was sealed up in this envelope, which is addressed "Herr Carl Rasch, Shaftesbury Avenue, No. 167"—I opened the letter there and then—I showed it to Koczula before I took him to the station—I said, "I found this letter in the room of your friend George Schmerfeld at No. 89, Charlotte Street, Fitzroy Square. In the letter Schmerfeld states that he has committed suicide, and that the murderer of Mrs. Rasch can be found at 181, Hampstead Road"—I went on to say, "Schmerfeld's room is swamped with blood, but I have been unable to find him"—both prisoners were standing together; the male prisoner shrugged his shoulders—they said nothing. (
<hi rend="smallCaps">M. ALBERT</hi>
<hi rend="italic">here interpreted these documents as follows:—The letter</hi>: "London, 26-5 (May), 1893.—Friend Carl,—I have been deceived, as I have heard, and therefore I have deceived you, but not to hurt you, or to murder, for that is not my nature. I have secreted from you that that old servant girl had not been in Germany, and that her child had died here, but I never think any evil inclination or business. I now have the address of the murderer, and am compelled to inform you of it. Come to see me. Offer me your hand in death to say good-bye, for I cannot do better than to die. The address of the murderer is Hampstead Road, 181. Good-bye till we see each other again. Your friend till death, better than dis
<lb/>honour or shame,—Schmerfeld. Forgive and forget me. My Helena knows nothing about it. I am to be pitied. Your most devoted friend, George. If you have any suspicion of me we were at the theatre till twelve o'clock."
<hi rend="italic">The envelope</hi>: "Mr. Carl Rasch, Shaftesbury Avenue, No. 167."
<hi rend="italic">The card, written in pencil</hi>: "It is to the eternal sleep, where I will swallow this, but you must forgive me; it is not my fault. I am innocent, but I am quite willing to pay for her life with mine. Dear Helena, excuse; there is no human blood sticking to my fingers but my own. I die without a murmur. Hampstead Road, 181, which I have the will to write, to my great astonishment.")</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARBURTON</hi>. He spoke broken English, but sufficiently clear for me to understand it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-169" type="witnessName">
<interp inst="t18940723-name-169" type="gender" value="female"/>
<interp inst="t18940723-name-169" type="surname" value="SAPPARELL"/>
<interp inst="t18940723-name-169" type="given" value="MARY"/>MARY SAPPARELL</persName> </hi>. I am female searcher at Marlborough Street Police-station—I searched Susannah Koczula on 27th May—I found on her £2 in gold; four half sovereigns.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-170" type="witnessName">
<interp inst="t18940723-name-170" type="gender" value="male"/>
<interp inst="t18940723-name-170" type="surname" value="MAITRE"/>
<interp inst="t18940723-name-170" type="given" value="MAURICE"/>MAURICE MAITRE</persName> </hi>. I live at 89, Charlotte Street—on 26th May I found this key in a recess on the staircase—I handed it to Sergeant Gregory.</p>
<xptr type="pageFacsimile" doc="189407230053"/>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. The recess is by the first landing, which is close to the door, under the sink, on that side.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-171" type="witnessName">
<interp inst="t18940723-name-171" type="gender" value="male"/>
<interp inst="t18940723-name-171" type="surname" value="RASCH"/>
<interp inst="t18940723-name-171" type="given" value="CARL"/>CARL RASCH</persName> </hi> (
<hi rend="italic">Recalled</hi>). I did not tell Susannah Koczula on 25th May, before I went out, to tell the little girl not to wake her mother that night when she came in.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-172" type="witnessName">
<interp inst="t18940723-name-172" type="gender" value="male"/>
<interp inst="t18940723-name-172" type="surname" value="DREW"/>
<interp inst="t18940723-name-172" type="given" value="EDWARD"/>EDWARD DREW</persName> </hi> (
<hi rend="italic">Recalled</hi>). I found these two boxes at No. 4, York Street, Commercial Road—I afterwards opened them—I found a photograph and the address of a witness—the rest of the contents was property belonging to the Koczulas and Schmerfeld.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CANNOT</hi>. I had not seen any articles of the Koczulas' in Shaftesbury Avenue—these were shown to Rasch—I am telling the Jury what I have been told about these articles—they were shown to Mr. Rasch and two other witnesses.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DRAKE</hi>. The articles were found in the black box.</p>
<p>
<hi rend="italic">Re-examined.</hi> The address was found in the black box—there were men's and women's things.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-173" type="witnessName">
<interp inst="t18940723-name-173" type="gender" value="male"/>
<interp inst="t18940723-name-173" type="surname" value="RASCH"/>
<interp inst="t18940723-name-173" type="given" value="CARL"/>CARL RASCH</persName> </hi> (
<hi rend="italic">Re-examined</hi>). Most of these things in this box belong to the Koczulas, the rest to Schmerfeld—this dress is Mrs. Koczula's; this coat belongs to Schmerfeld—I believe Schmerfeld had a clock like this in is possession; he showed it me once—these pictures belong to the Koczulas; this one was smashed in my place—Koczula paid 60 marks (£3 4s.) for them; they are pictures of Mr. and Mrs. Koczula.</p>
<p>
<hi rend="italic">The prisoners' statements before The Magistrate were:—Paid Koczula said</hi> (
<hi rend="italic">through the Interpreter</hi>): "All I have to say is that I know nothing of the matter, and I am innocent, all the rest I leave in the hands of my solicitor."
<hi rend="italic">Susannah said</hi> (
<hi rend="italic">Through the Interpreter</hi>): "I don't know any
<lb/>thing about the affair; I am innocent."
<hi rend="italic">Schmerfeld said</hi>: "I am innocent."</p>
<p>
<hi rend="largeCaps">PAUL KOCZULA</hi>,
<hi rend="smallCaps">
<rs id="t18940723-620-verdict-1" type="verdictDescription">
<interp inst="t18940723-620-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-620-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="largeCaps">
<rs id="t18940723-620-punishment-33" type="punishmentDescription">
<interp inst="t18940723-620-punishment-33" type="punishmentCategory" value="death"/>
<interp inst="t18940723-620-punishment-33" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-620-18940723 t18940723-620-punishment-33"/>DEATH</rs> </hi>.</p>
<p>
<hi rend="largeCaps">SUSANNAH KOCZULA</hi>.
<hi rend="smallCaps">
<rs id="t18940723-620-verdict-2" type="verdictDescription">
<interp inst="t18940723-620-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18940723-620-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">SCHMERFELD</hi>,
<hi rend="smallCaps">
<rs id="t18940723-620-verdict-3" type="verdictDescription">
<interp inst="t18940723-620-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18940723-620-verdict-3" type="verdictSubcategory" value="no_subcategory"/>GUILTY as accessory before the fact.—</rs> </hi>
<hi rend="largeCaps">
<rs id="t18940723-620-punishment-34" type="punishmentDescription">
<interp inst="t18940723-620-punishment-34" type="punishmentCategory" value="death"/>
<interp inst="t18940723-620-punishment-34" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-620-18940723 t18940723-620-punishment-34"/>DEATH</rs> </hi>.</p>
<p>
<hi rend="largeCaps">SUSANNAH KOCZULA</hi>
<hi rend="italic">
<rs id="t18940723-620-offence-3" type="offenceDescription">
<interp inst="t18940723-620-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t18940723-620-offence-3" type="offenceSubcategory" value="theftFromPlace"/>was also indicted, with others, for stealing four watches and other articles, and £50 in money, the property of
<persName id="t18940723-name-174" type="victimName">
<interp inst="t18940723-name-174" type="gender" value="male"/>
<interp inst="t18940723-name-174" type="surname" value="RASCH"/>
<interp inst="t18940723-name-174" type="given" value="CARL"/>
<join result="offenceVictim" targOrder="Y" targets="t18940723-620-offence-3 t18940723-name-174"/>Carl Rasch</persName>, in his dwelling-house</rs>.
<hi rend="smallCaps">MR. MATHEWS</hi>, for The prosecution, offered no evidence on this indictment, and the
<hi rend="smallCaps">JURY</hi> returned a verdict of</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18940723-620-verdict-4" type="verdictDescription">
<interp inst="t18940723-620-verdict-4" type="verdictCategory" value="notGuilty"/>
<interp inst="t18940723-620-verdict-4" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Thursday, July</hi> 26
<hi rend="italic">th</hi>, 1894.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18940723-621">
<interp inst="t18940723-621" type="uri" value="sessionsPapers/18940723"/>
<interp inst="t18940723-621" type="date" value="18940723"/>
<join result="criminalCharge" id="t18940723-621-charge-1" targOrder="Y" targets="def1-621-18940723 t18940723-621-offence-1 t18940723-621-verdict-1"/>
<p>621.
<persName id="def1-621-18940723" type="defendantName">
<interp inst="def1-621-18940723" type="gender" value="male"/>
<interp inst="def1-621-18940723" type="surname" value="BUTTS"/>
<interp inst="def1-621-18940723" type="given" value="WILLIAM HENRY"/>
<hi rend="largeCaps">WILLIAM HENRY BUTTS</hi> </persName>
<rs id="t18940723-621-offence-1" type="offenceDescription">
<interp inst="t18940723-621-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18940723-621-offence-1" type="offenceSubcategory" value="other"/>, Being the occupier of certain rooms, using the same for the purposes of betting.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LYCESTER</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. LOCKWOOD, Q.C</hi>.,
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-176" type="witnessName">
<interp inst="t18940723-name-176" type="gender" value="male"/>
<interp inst="t18940723-name-176" type="surname" value="BAKER"/>
<interp inst="t18940723-name-176" type="given" value="MATHEW"/>MATHEW BAKER</persName> </hi>. I am a furniture dealer, of 36, Copthall Avenue—I produce an agreement between me and the prisoner for letting two rooms on my first floor, made on March 10th, 1891—he is still in the occupation of the rooms—the rent is 100 guineas per annum.</p>
<p>
<hi rend="smallCaps">
<persName id="t18940723-name-177" type="witnessName">
<interp inst="t18940723-name-177" type="gender" value="male"/>
<interp inst="t18940723-name-177" type="surname" value="PHILLIPS"/>
<interp inst="t18940723-name-177" type="given" value="HENRY"/>HENRY PHILLIPS</persName> </hi> (
<hi rend="italic">City Detective</hi>). On June 21st I went to the first floor of 36, Copthall Avenue, at 1.30 p.m., and found the prisoner</p