<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>Short-hand Writers to the Court,</p>
<p>EDWARD T. E. BESLEY, ESQ., Q.C.,</p>
<p>Law Booksellers and Publishers.</p>
<xptr type="pageFacsimile" doc="189602030002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, February 3rd, 1896, and following days.</p>
<hi rend="smallCaps">BEFORE</hi> the
<hi rend="smallCaps">RIGHT HON. SIR</hi>
<hi rend="largeCaps">
<persName id="t18960203-name-1" type="judiciaryName">
<interp inst="t18960203-name-1" type="gender" value="male"/>
<interp inst="t18960203-name-1" type="surname" value="WILKIN"/>
<interp inst="t18960203-name-1" type="given" value="WALTER"/>WALTER WILKIN</persName> </hi>, Knt.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; Sir
<hi rend="smallCaps">
<persName id="t18960203-name-2" type="judiciaryName">
<interp inst="t18960203-name-2" type="gender" value="male"/>
<interp inst="t18960203-name-2" type="surname" value="RANGE"/>
<interp inst="t18960203-name-2" type="given" value="JOHN COMPTON LAW"/>JOHN COMPTON LAW RANGE</persName> </hi>, Knt., one of the Justices of Her Majesty's High Court; Sir
<persName id="t18960203-name-3" type="judiciaryName">
<interp inst="t18960203-name-3" type="gender" value="male"/>
<interp inst="t18960203-name-3" type="surname" value="ELLIS"/>
<interp inst="t18960203-name-3" type="given" value="JOHN WHITTAKER"/>
<hi rend="smallCaps">JOHN WHITTAKER ELLIS</hi> </persName>, Bart., Sir
<hi rend="smallCaps">
<persName id="t18960203-name-4" type="judiciaryName">
<interp inst="t18960203-name-4" type="gender" value="male"/>
<interp inst="t18960203-name-4" type="surname" value="HANSON"/>
<interp inst="t18960203-name-4" type="given" value="REGINALD"/>REGINALD HANSON</persName> </hi>, Bart., M.P., and Sir
<hi rend="smallCaps">
<persName id="t18960203-name-5" type="judiciaryName">
<interp inst="t18960203-name-5" type="gender" value="male"/>
<interp inst="t18960203-name-5" type="surname" value="SAVORY"/>
<interp inst="t18960203-name-5" type="given" value="JOSEPH"/>JOSEPH SAVORY</persName> </hi>, Bart., M.P., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18960203-name-6" type="judiciaryName">
<interp inst="t18960203-name-6" type="gender" value="male"/>
<interp inst="t18960203-name-6" type="surname" value="HALL"/>
<interp inst="t18960203-name-6" type="given" value="CHARLES"/>CHARLES HALL</persName> </hi>, Q.C., M.P., K.C.M.G., Recorder of the said City;
<persName id="t18960203-name-7" type="judiciaryName">
<interp inst="t18960203-name-7" type="gender" value="male"/>
<interp inst="t18960203-name-7" type="surname" value="PHILLIPS"/>
<interp inst="t18960203-name-7" type="given" value="GEORGE FAUDEL"/>
<hi rend="smallCaps">GEORGE FAUDEL PHILLIPS</hi> </persName>,. Esq., Lieut.-Col.
<hi rend="smallCaps">
<persName id="t18960203-name-8" type="judiciaryName">
<interp inst="t18960203-name-8" type="gender" value="male"/>
<interp inst="t18960203-name-8" type="surname" value="DAVIES"/>
<interp inst="t18960203-name-8" type="given" value="HORATIO DAVID"/>HORATIO DAVID DAVIES</persName> </hi>, M.P.,
<hi rend="smallCaps">
<persName id="t18960203-name-9" type="judiciaryName">
<interp inst="t18960203-name-9" type="gender" value="male"/>
<interp inst="t18960203-name-9" type="surname" value="GREEN"/>
<interp inst="t18960203-name-9" type="given" value="FRANK"/>FRANK GREEN</persName> </hi>,. Esq.,
<hi rend="smallCaps">
<persName id="t18960203-name-10" type="judiciaryName">
<interp inst="t18960203-name-10" type="gender" value="male"/>
<interp inst="t18960203-name-10" type="surname" value="MORGAN"/>
<interp inst="t18960203-name-10" type="given" value="WALTER VAUGHAN"/>WALTER VAUGHAN MORGAN</persName> </hi>, Esq., and
<persName id="t18960203-name-11" type="judiciaryName">
<interp inst="t18960203-name-11" type="gender" value="male"/>
<interp inst="t18960203-name-11" type="surname" value="ALLISTON"/>
<interp inst="t18960203-name-11" type="given" value="FREDERICK PRATT"/>
<hi rend="smallCaps">FREDERICK PRATT ALLISTON</hi> </persName>, Esq., other of the Aldermen of the said City; and Sir
<persName id="t18960203-name-12" type="judiciaryName">
<interp inst="t18960203-name-12" type="gender" value="male"/>
<interp inst="t18960203-name-12" type="surname" value="FULTON"/>
<interp inst="t18960203-name-12" type="given" value="FORREST"/>
<hi rend="smallCaps">FORREST FULTON</hi> </persName>, 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>
<hi rend="smallCaps">
<persName id="t18960203-name-13" type="judiciaryName">
<interp inst="t18960203-name-13" type="gender" value="male"/>
<interp inst="t18960203-name-13" type="surname" value="POUND"/>
<interp inst="t18960203-name-13" type="given" value="JOHN"/>JOHN POUND</persName> </hi>, Esq., Alderman.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-14" type="judiciaryName">
<interp inst="t18960203-name-14" type="gender" value="male"/>
<interp inst="t18960203-name-14" type="surname" value="COOPER"/>
<interp inst="t18960203-name-14" type="given" value="JOHN ROBERT"/>JOHN ROBERT COOPER</persName> </hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-15" type="judiciaryName">
<interp inst="t18960203-name-15" type="gender" value="male"/>
<interp inst="t18960203-name-15" type="surname" value="BEARD"/>
<interp inst="t18960203-name-15" type="given" value="THOMAS GEORGE"/>THOMAS GEORGE BEARD</persName> </hi>, Esq.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-16" type="judiciaryName">
<interp inst="t18960203-name-16" type="gender" value="male"/>
<interp inst="t18960203-name-16" type="surname" value="BECKFORD"/>
<interp inst="t18960203-name-16" type="given" value="CLARENCE"/>CLARENCE BECKFORD</persName> </hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">WILKIN, MAYOR. FOURTH SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—a dagger</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, February</hi> 3
<hi rend="italic">rd</hi>, 1896.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="def1-180-18960203" type="surname" value="DONOVAN"/>
<interp inst="def1-180-18960203" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE DONOVAN</hi> (25)</persName>
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<rs id="t18960203-180-verdict-1" type="verdictDescription">
<interp inst="t18960203-180-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-180-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18960203-180-offence-1" type="offenceDescription">
<interp inst="t18960203-180-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-180-offence-1" type="offenceSubcategory" value="burglary"/>to a burglary in the dwelling-house of
<persName id="t18960203-name-18" type="victimName">
<interp inst="t18960203-name-18" type="gender" value="male"/>
<interp inst="t18960203-name-18" type="surname" value="PRESTON"/>
<interp inst="t18960203-name-18" type="given" value="THEODORE JULIAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-180-offence-1 t18960203-name-18"/>Theodore Julian Preston</persName>, and stealing therein a clock and goods, and
<hi rend="italic">also</hi> to a conviction at Stafford in October, 1894, having then been previously convicted—</rs>
<hi rend="italic">
<rs id="t18960203-180-punishment-1" type="punishmentDescription">
<interp inst="t18960203-180-punishment-1" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-180-18960203 t18960203-180-punishment-1"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
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<interp inst="def1-181-18960203" type="surname" value="THOMPSON"/>
<interp inst="def1-181-18960203" type="given" value="JAMES"/>
<interp inst="def1-181-18960203" type="occupation" value="employed in the Post Office"/>
<hi rend="largeCaps">JAMES THOMPSON</hi> (25)</persName>
<rs id="t18960203-181-verdict-1" type="verdictDescription">
<interp inst="t18960203-181-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-181-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18960203-181-offence-1" type="offenceDescription">
<interp inst="t18960203-181-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-181-offence-1" type="offenceSubcategory" value="mail"/>, to stealing whilst employed in the Post Office a post letter containing four orders, value £15—</rs>
<rs id="t18960203-181-punishment-2" type="punishmentDescription">
<interp inst="t18960203-181-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-181-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
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<hi rend="italic">Fifteen Months' Hard Labour.</hi> </rs> </p> </div1>
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<interp inst="def1-182-18960203" type="age" value="37"/>
<interp inst="def1-182-18960203" type="surname" value="PRICE"/>
<interp inst="def1-182-18960203" type="given" value="WILLIAM HARBORN"/>
<interp inst="def1-182-18960203" type="occupation" value="employed in the Post Office"/>
<hi rend="largeCaps">WILLIAM HARBORN PRICE</hi> (37)</persName>
<rs id="t18960203-182-verdict-1" type="verdictDescription">
<interp inst="t18960203-182-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-182-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18960203-182-offence-1" type="offenceDescription">
<interp inst="t18960203-182-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-182-offence-1" type="offenceSubcategory" value="mail"/>, to two indictments for stealing, whilst employed in the Post Office, post letters containing orders for 10s. and 5s.—He had been twenty years in the service—</rs>
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<interp inst="t18960203-182-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-182-punishment-3" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-182-18960203 t18960203-182-punishment-3"/>
<hi rend="italic">Three Years' Penal Servitude.</hi> </rs> </p> </div1>
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<interp inst="def1-183-18960203" type="gender" value="male"/>
<interp inst="def1-183-18960203" type="age" value="17"/>
<interp inst="def1-183-18960203" type="surname" value="DUBERRY"/>
<interp inst="def1-183-18960203" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH DUBERRY</hi> (17)</persName>
<rs id="t18960203-183-offence-1" type="offenceDescription">
<interp inst="t18960203-183-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-183-offence-1" type="offenceSubcategory" value="mail"/>, Stealing two port letters the property of the
<persName id="t18960203-name-22" type="victimName">
<interp inst="t18960203-name-22" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-183-offence-1 t18960203-name-22"/>Postmaster-General</persName>.</rs> </p>
<hi rend="smallCaps">MR. SOPER</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-23" type="witnessName">
<interp inst="t18960203-name-23" type="gender" value="male"/>
<interp inst="t18960203-name-23" type="surname" value="ROBERTS"/>
<interp inst="t18960203-name-23" type="given" value="WALTER"/>WALTER ROBERTS</persName> </hi> (190
<hi rend="italic">J</hi>). On January 13th I was on duty in the evening with Detective Baker, coming down Avenue Road; I saw a man standing against a pillar-box—the prisoner is the man—he walked away; I hurried after him—I put my hand into the aperture of the pillar-box, and I found that my hand was covered with a sticky substance—when I got within eight yards of him he hurried across the road; I went after him and stopped him—I did not lose sight of him at all; there was nobody in the road but him—I said, "I am a police officer; what were you doing at that letter-box?—he said, "Nothing, governor"—he put his hand in his pocket and dropped some letters as I seized his hand—Baker picked them up—I took him to the station—on the way he said, "A man asked me to hold them while he did his boots up"—when he was charged he made the same reply—I took the names and addresses on the letters at the station—there was a lamp right opposite the pillar-box.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> There was no other man near the pillar-box—you did not say to me, "Why did you not catch hold of the other boy?"—I did not keep punching you in the back—you kicked me</p>
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<p>in the leg and were very violent; a young man came to assist me—I did not put my hand in your pocket and throw the letters on the ground.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-24" type="witnessName">
<interp inst="t18960203-name-24" type="gender" value="male"/>
<interp inst="t18960203-name-24" type="surname" value="BAKER"/>
<interp inst="t18960203-name-24" type="given" value="ERNEST"/>ERNEST BAKER</persName> </hi> (117
<hi rend="italic">J</hi>). On the night of 13th January I was with the last witness in Avenue Road in plain clothes—I noticed the prisoner walk away from the pillar-box—I put my hand in the aperture of the box; it was sticky—Roberts went after the prisoner; when I got up to them they were struggling—I picked up two letters in the road, and said to the prisoner, "I am a police officer, and shall take you to the station"—he was very violent, and used most insulting language—at the station this box was found in his inside coat pocket; it contains a sticky substance—I produce the envelopes of the two letters—they were both sticky—there was no one but the prisoner near the pillar-box—a young man and woman were there when I arrested the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-25" type="witnessName">
<interp inst="t18960203-name-25" type="gender" value="male"/>
<interp inst="t18960203-name-25" type="surname" value="NELSON"/>
<interp inst="t18960203-name-25" type="given" value="HERBERT WILLIAM"/>HERBERT WILLIAM NELSON</persName> </hi>. I am a postman at Clapton—on 13th January I made a collection from the pillar-box in Avenue Road at seven o'clock—it was then perfectly free from any other substance—I afterwards cleaned the letter-box; the aperture was then very sticky.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-26" type="witnessName">
<interp inst="t18960203-name-26" type="gender" value="male"/>
<interp inst="t18960203-name-26" type="surname" value="KENNEL"/>
<interp inst="t18960203-name-26" type="given" value="WALTER JAMES"/>WALTER JAMES KENNEL</persName> </hi>. I am an assistant in the Consular Service, and reside at Clapton—on 13th January I wrote a letter to the treasurer in the Temple; this is the letter—I posted it myself about half-past eight in the Avenue Road pillar-box.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-27" type="witnessName">
<interp inst="t18960203-name-27" type="gender" value="female"/>
<interp inst="t18960203-name-27" type="surname" value="MINCHIN"/>
<interp inst="t18960203-name-27" type="given" value="SUSAN"/>SUSAN MINCHIN</persName> </hi>. I live at 65, Downs Road, Clapton—on 13th January I wrote a letter to Mr. Gardiner—this is the envelope—I gave it to Mrs. Pittard to post.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-28" type="witnessName">
<interp inst="t18960203-name-28" type="gender" value="female"/>
<interp inst="t18960203-name-28" type="surname" value="PITTARD"/>
<interp inst="t18960203-name-28" type="given" value="SARAH ELIZA"/>SARAH ELIZA PITTARD</persName> </hi>. On 13th January Mrs. Minchin gave me a letter, which I posted a little before eight at the pillar-box in Avenue Road.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-29" type="witnessName">
<interp inst="t18960203-name-29" type="gender" value="male"/>
<interp inst="t18960203-name-29" type="surname" value="CHAMBERS"/>
<interp inst="t18960203-name-29" type="given" value="GEORGE"/>GEORGE CHAMBERS</persName> </hi>. I am a sorter in the East District Post Office—I delivered this envelope on 14th January.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-30" type="witnessName">
<interp inst="t18960203-name-30" type="gender" value="male"/>
<interp inst="t18960203-name-30" type="surname" value="INGHAM"/>
<interp inst="t18960203-name-30" type="given" value="ROLAND"/>ROLAND INGHAM</persName> </hi>. I am a sorter in the East District P.O.—I deli
<lb/>vered this letter B on January 14th at the address marked on it.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-31" type="witnessName">
<interp inst="t18960203-name-31" type="gender" value="male"/>
<interp inst="t18960203-name-31" type="surname" value="LEWIS"/>
<interp inst="t18960203-name-31" type="given" value="GEORGE"/>GEORGE LEWIS</persName> </hi>. I am an analyst at Somerset House—I have exam
<lb/>ined these letters, there is a greasy smear on each—this box contains a sticky substance of the same character as that on the letter-box.</p>
<hi rend="italic">The Prisoner's statement before the Magistrate:</hi> "I did not steal the letters at all; the other chap stole the letters and said, 'Hold these,' and then ran away, he told me he had stolen them before; I did not know whether that was right or not."</p>
<hi rend="italic">The Prisoner received a good character.</hi> </p>
<rs id="t18960203-183-verdict-1" type="verdictDescription">
<interp inst="t18960203-183-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-183-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">Recommended to mercy by the</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">on account of his youth and good character—</hi> </rs>
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<join result="defendantPunishment" targOrder="Y" targets="def1-183-18960203 t18960203-183-punishment-4"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
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<interp inst="def1-184-18960203" type="age" value="19"/>
<interp inst="def1-184-18960203" type="surname" value="JENTSCH"/>
<interp inst="def1-184-18960203" type="given" value="ALBERT RUDOLPH"/>
<hi rend="largeCaps">ALBERT RUDOLPH JENTSCH</hi> (19)</persName>
<hi rend="smallCaps">
<rs id="t18960203-184-verdict-1" type="verdictDescription">
<interp inst="t18960203-184-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-184-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18960203-184-offence-1" type="offenceDescription">
<interp inst="t18960203-184-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-184-offence-1" type="offenceSubcategory" value="theftFromPlace"/>to stealing a watch, the goods of
<persName id="t18960203-name-33" type="victimName">
<interp inst="t18960203-name-33" type="gender" value="male"/>
<interp inst="t18960203-name-33" type="surname" value="GOODING"/>
<interp inst="t18960203-name-33" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-184-offence-1 t18960203-name-33"/>Edward Gooding</persName>;
<hi rend="italic">also</hi> to stealing a watch and other articles, the goods of
<persName id="t18960203-name-34" type="victimName">
<interp inst="t18960203-name-34" type="gender" value="male"/>
<interp inst="t18960203-name-34" type="surname" value="PAGLIERO"/>
<interp inst="t18960203-name-34" type="given" value="MAURICE"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-184-offence-1 t18960203-name-34"/>Maurice Pagliero</persName>, in a dwelling-house; to forging and uttering an order for the payment of £10 10s.,
<hi rend="italic">and</hi> to forging and uttering a receipt for £10 10s., with intent to defraud.—</rs>
<hi rend="italic">
<rs id="t18960203-184-punishment-5" type="punishmentDescription">
<interp inst="t18960203-184-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-184-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-184-18960203 t18960203-184-punishment-5"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18960203-185">
<interp inst="t18960203-185" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-185" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-185-charge-1" targOrder="Y" targets="def1-185-18960203 t18960203-185-offence-1 t18960203-185-verdict-1"/>
<persName id="def1-185-18960203" type="defendantName">
<interp inst="def1-185-18960203" type="gender" value="male"/>
<interp inst="def1-185-18960203" type="age" value="33"/>
<interp inst="def1-185-18960203" type="surname" value="WALTERS"/>
<interp inst="def1-185-18960203" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WALTERS</hi> (33)</persName>
<rs id="t18960203-185-offence-1" type="offenceDescription">
<interp inst="t18960203-185-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-185-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18960203-name-36" type="victimName">
<interp inst="t18960203-name-36" type="gender" value="female"/>
<interp inst="t18960203-name-36" type="surname" value="WRIGHT"/>
<interp inst="t18960203-name-36" type="given" value="ELIZABETH"/>
<interp inst="t18960203-name-36" type="occupation" value="servant"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-185-offence-1 t18960203-name-36"/>Elizabeth Wright</persName>, and stealing a bottle of beer.</rs> </p>
<xptr type="pageFacsimile" doc="189602030005"/>
<hi rend="smallCaps">MR. HARRISON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-37" type="witnessName">
<interp inst="t18960203-name-37" type="gender" value="female"/>
<interp inst="t18960203-name-37" type="surname" value="WRIGHT"/>
<interp inst="t18960203-name-37" type="given" value="ELIZABETH"/>ELIZABETH WRIGHT</persName> </hi>. I am in the service of Miss Perry, at 6, Castilian Road, Paddington—about 10 p.m. on January 18th, I went to open the lavatory door and found it closed from the inside; and thinking some
<lb/>thing was wrong I fetched a policeman—he sent me to the butcher's for a chopper to break the door in—when I came back the policeman was just going out into the garden after the burglars—I afterwards saw the prisoner being brought in from the garden—the door from the garden to the breakfast room had been closed, but not locked, and the lavatory window was open wide enough for a man to get out of—I keep a supply of beer downstairs—the policeman found an empty bottle in the lavatory; it was just like those we keep downstairs; no bottle had ever been left in the lavatory before—it had been taken from the bottles down-stairs; I knew by the number—to get into the lavatory a man could go through the garden door and the breakfast room, or could get through the lavatory window—after the prisoner was taken to the station the lavatory door was burst open.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-38" type="witnessName">
<interp inst="t18960203-name-38" type="gender" value="male"/>
<interp inst="t18960203-name-38" type="surname" value="RATLEY"/>
<interp inst="t18960203-name-38" type="given" value="WALTER"/>WALTER RATLEY</persName> </hi> (183
<hi rend="italic">X</hi>). On January 18th I was on duty in the Warwick Road about 8 p.m., when I was called to 6, Castilian Road, Paddington—I found the w.c. door locked—I asked if anyone was in there and got no answer—I tried to force the door with my shoulder, and failed—I sent the servant to the nearest butcher's for a hatchet—I saw the shadow of a man sliding down the rain-water pipe outside—I ran out and caught him in the garden, and asked him what he was doing there—he said, "I am come for a night's
<hi rend="italic">doss</hi>"—his boots were off—I asked where they were; He said, "By the gate"—he put them on, and I took him to the station—he went quietly—he used very bad lan
<lb/>guage on the way to the station, and threatened, when he had done his time, if the servant and me were not dead, he would shoot the pair of us—I charged him at the station; he made no reply—I then went back to the house and forced the lavatory door, and found in it an empty beer-bottle—to get in through the lavatory window from the garden a man would have to climb about ten feet on to a landing window, and then get round and in at the lavatory window—the easier way would be to get in by the door—I could not see from footprints which way he had got in—when I took the prisoner in the garden he was not asleep, but trying to make his escape—his boots were against the gate.</p>
<hi rend="italic">The</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">directed the</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">that the case shaped itself as one of larceny in a dwelling-house.</hi> </p>
<hi rend="smallCaps">
<rs id="t18960203-185-verdict-1" type="verdictDescription">
<interp inst="t18960203-185-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18960203-185-verdict-1" type="verdictSubcategory" value="fault"/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, February</hi> 3
<hi rend="italic">rd</hi>, 1896.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18960203-186">
<interp inst="t18960203-186" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-186" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-186-charge-1" targOrder="Y" targets="def1-186-18960203 t18960203-186-offence-1 t18960203-186-verdict-1"/>
<persName id="def1-186-18960203" type="defendantName">
<interp inst="def1-186-18960203" type="gender" value="male"/>
<interp inst="def1-186-18960203" type="age" value="19"/>
<interp inst="def1-186-18960203" type="surname" value="MOODY"/>
<interp inst="def1-186-18960203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MOODY</hi> (19)</persName>,
<hi rend="smallCaps">
<rs id="t18960203-186-verdict-1" type="verdictDescription">
<interp inst="t18960203-186-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-186-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18960203-186-offence-1" type="offenceDescription">
<interp inst="t18960203-186-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18960203-186-offence-1" type="offenceSubcategory" value="coiningOffences"/>to unlawfully uttering counterfeit coin twice within ten days.—</rs>
<hi rend="italic">
<rs id="t18960203-186-punishment-6" type="punishmentDescription">
<interp inst="t18960203-186-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-186-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-186-18960203 t18960203-186-punishment-6"/>One Month's Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18960203-187">
<interp inst="t18960203-187" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-187" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-187-charge-1" targOrder="Y" targets="def1-187-18960203 t18960203-187-offence-1 t18960203-187-verdict-1"/>
<persName id="def1-187-18960203" type="defendantName">
<interp inst="def1-187-18960203" type="gender" value="male"/>
<interp inst="def1-187-18960203" type="age" value="27"/>
<interp inst="def1-187-18960203" type="surname" value="THOMAN"/>
<interp inst="def1-187-18960203" type="given" value="HENRY GEORGE"/>
<hi rend="largeCaps">HENRY GEORGE THOMAN</hi> (27)</persName>,
<rs id="t18960203-187-verdict-1" type="verdictDescription">
<interp inst="t18960203-187-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-187-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18960203-187-offence-1" type="offenceDescription">
<interp inst="t18960203-187-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-187-offence-1" type="offenceSubcategory" value="burglary"/>to burglary in the dwelling-house of
<persName id="t18960203-name-41" type="victimName">
<interp inst="t18960203-name-41" type="gender" value="male"/>
<interp inst="t18960203-name-41" type="surname" value="KEITH"/>
<interp inst="t18960203-name-41" type="given" value="GRAHAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-187-offence-1 t18960203-name-41"/>Graham Keith</persName> and stealing 3s. 7d. and 2 1/2 d. his money;
<hi rend="italic">also</hi> to burglary in the dwelling-house of
<persName id="t18960203-name-42" type="victimName">
<interp inst="t18960203-name-42" type="gender" value="male"/>
<interp inst="t18960203-name-42" type="surname" value="MENZIES"/>
<interp inst="t18960203-name-42" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-187-offence-1 t18960203-name-42"/>John Menzies</persName>' and stealing 18s. 6d. his money.
<hi rend="italic">He stated that he had been laid up for months with typhoid feverand was turned out of his lodging and had to walk the streets.—</hi> </rs>
<rs id="t18960203-187-punishment-7" type="punishmentDescription">
<interp inst="t18960203-187-punishment-7" type="punishmentCategory" value="noPunish"/>
<interp inst="t18960203-187-punishment-7" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-187-18960203 t18960203-187-punishment-7"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18960203-188">
<interp inst="t18960203-188" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-188" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-188-charge-1" targOrder="Y" targets="def1-188-18960203 t18960203-188-offence-1 t18960203-188-verdict-1"/>
<xptr type="pageFacsimile" doc="189602030006"/>
<persName id="def1-188-18960203" type="defendantName">
<interp inst="def1-188-18960203" type="gender" value="male"/>
<interp inst="def1-188-18960203" type="age" value="26"/>
<interp inst="def1-188-18960203" type="surname" value="LYWARD"/>
<interp inst="def1-188-18960203" type="given" value="GEORGE WILLIAM"/>
<hi rend="largeCaps">GEORGE WILLIAM LYWARD</hi> (26)</persName>
<rs id="t18960203-188-verdict-1" type="verdictDescription">
<interp inst="t18960203-188-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-188-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18960203-188-offence-1" type="offenceDescription">
<interp inst="t18960203-188-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18960203-188-offence-1" type="offenceSubcategory" value="fraud"/>, to unlawfully making false entries in the books of
<persName id="t18960203-name-44" type="victimName">
<interp inst="t18960203-name-44" type="gender" value="male"/>
<interp inst="t18960203-name-44" type="surname" value="SOPER"/>
<interp inst="t18960203-name-44" type="given" value="JOHN ROLAND"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-188-offence-1 t18960203-name-44"/>John Roland Soper</persName>, his master;
<hi rend="italic">also</hi> to stealing £6 11s. 2d., £10 and £10;
<hi rend="italic">also</hi> to embezzling the sums of £2 11s., £14, and 6s. of his said master.—</rs>
<rs id="t18960203-188-punishment-8" type="punishmentDescription">
<interp inst="t18960203-188-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-188-punishment-8" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-188-18960203 t18960203-188-punishment-8"/>
<hi rend="italic">Eighteen Months' Hard Labour.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18960203-189">
<interp inst="t18960203-189" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-189" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-189-charge-1" targOrder="Y" targets="def1-189-18960203 t18960203-189-offence-1 t18960203-189-verdict-1"/>
<persName id="def1-189-18960203" type="defendantName">
<interp inst="def1-189-18960203" type="gender" value="male"/>
<interp inst="def1-189-18960203" type="age" value="70"/>
<interp inst="def1-189-18960203" type="surname" value="POWIS"/>
<interp inst="def1-189-18960203" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK POWIS</hi> (70)</persName>
<rs id="t18960203-189-verdict-1" type="verdictDescription">
<interp inst="t18960203-189-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-189-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18960203-189-offence-1" type="offenceDescription">
<interp inst="t18960203-189-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18960203-189-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering an order for £10 10s., having been convicted at Colchester of misdemeanour on June 30th, 1893;
<hi rend="italic">also</hi> to unlawfully obtaining £5 11s. from
<persName id="t18960203-name-46" type="victimName">
<interp inst="t18960203-name-46" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-189-offence-1 t18960203-name-46"/>Harvey Nicholas and Co.</persName> by false pretences, £3 1s. from
<persName id="t18960203-name-47" type="victimName">
<interp inst="t18960203-name-47" type="gender" value="male"/>
<interp inst="t18960203-name-47" type="surname" value="DOW"/>
<interp inst="t18960203-name-47" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-189-offence-1 t18960203-name-47"/>John Dow</persName>, £2 10s. from
<persName id="t18960203-name-48" type="victimName">
<interp inst="t18960203-name-48" type="gender" value="male"/>
<interp inst="t18960203-name-48" type="surname" value="NEWTON"/>
<interp inst="t18960203-name-48" type="given" value="MORTIMER ERNEST"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-189-offence-1 t18960203-name-48"/>Mortimer Ernest Newton</persName>, and £1 from
<persName id="t18960203-name-49" type="victimName">
<interp inst="t18960203-name-49" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-189-offence-1 t18960203-name-49"/>Swan and Edgar, Limited</persName></rs>
<rs id="t18960203-189-punishment-9" type="punishmentDescription">
<interp inst="t18960203-189-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-189-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-189-18960203 t18960203-189-punishment-9"/>
<hi rend="italic">Nine Months' Hard Labour.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18960203-190">
<interp inst="t18960203-190" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-190" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-190-charge-1" targOrder="Y" targets="def1-190-18960203 t18960203-190-offence-1 t18960203-190-verdict-1"/>
<join result="criminalCharge" id="t18960203-190-charge-2" targOrder="Y" targets="def2-190-18960203 t18960203-190-offence-1 t18960203-190-verdict-1"/>
<persName id="def1-190-18960203" type="defendantName">
<interp inst="def1-190-18960203" type="gender" value="male"/>
<interp inst="def1-190-18960203" type="age" value="34"/>
<interp inst="def1-190-18960203" type="surname" value="BONNER"/>
<interp inst="def1-190-18960203" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS BONNER</hi> (34)</persName> and
<persName id="def2-190-18960203" type="defendantName">
<interp inst="def2-190-18960203" type="gender" value="male"/>
<interp inst="def2-190-18960203" type="age" value="22"/>
<interp inst="def2-190-18960203" type="surname" value="BAILEY"/>
<interp inst="def2-190-18960203" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BAILEY</hi> (22)</persName>
<rs id="t18960203-190-offence-1" type="offenceDescription">
<interp inst="t18960203-190-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18960203-190-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18960203-name-52" type="victimName">
<interp inst="t18960203-name-52" type="gender" value="female"/>
<interp inst="t18960203-name-52" type="surname" value="BARNETT"/>
<interp inst="t18960203-name-52" type="given" value="ELSA"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-190-offence-1 t18960203-name-52"/>Elsa Barnett</persName>, and stealing a handkerchief and brooch her property.</rs> </p>
<hi rend="smallCaps">MR. PASCALL</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-53" type="witnessName">
<interp inst="t18960203-name-53" type="gender" value="female"/>
<interp inst="t18960203-name-53" type="surname" value="BARNETT"/>
<interp inst="t18960203-name-53" type="given" value="ELSA"/>ELSA BARNETT</persName> </hi>. I live at 70, Smith Street, Westminster, and am an Austrian—I have no business—on Thursday, January 16th, I was near Victoria Station—the prisoner Bonner came up and asked me to go with him; we walked on—I said I did not want to go much further, and he smacked my face with his open hand several times; he hurt me—I called out, "Police!" and Bailey, who I had not seen before, came up—took my handkerchief from my neck, and my pin, and said, "If you don't give your purse up we will kill you"—I called "Police!" and they both pushed me down; but the police came up, and they ran away—I did not know them before—I recognised them that night.</p>
<hi rend="italic">Cross-examined by Bailey.</hi> I was directed to go before a Magistrate the next morning—I did not go, I did not want to press the charge.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-54" type="witnessName">
<interp inst="t18960203-name-54" type="gender" value="male"/>
<interp inst="t18960203-name-54" type="surname" value="BURROUGHS"/>
<interp inst="t18960203-name-54" type="given" value="FRANCIS"/>FRANCIS BURROUGHS</persName> </hi> (409
<hi rend="italic">A</hi>). On January 16th, about 1.15 a.m., I was on duty in Victoria Street, and the last witness complained to me of being robbed—I went in search of the men, and caught them together walking in Gravel Lane—the woman came up, and I asked her if those were the men—she said, "Yes"—they said they had never seen her before—I took them to the station, and found the handkerchief about twenty yards from where I had arrested them—they had passed that place, and nobody else was about—when they were charged they said that they were innocent, and had never seen the woman before.</p>
<hi rend="italic">Cross-examined by Bonner.</hi> I took you thirty or forty yards before the other constable came—I did not hear you say that you had been drinking with the woman in the Windsor Castle; you said you had not seen her before.</p>
<hi rend="italic">Cross-examined by Bailey.</hi> You were walking—you did not say that you went there to make water.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-55" type="witnessName">
<interp inst="t18960203-name-55" type="gender" value="male"/>
<interp inst="t18960203-name-55" type="surname" value="GATTING"/>
<interp inst="t18960203-name-55" type="given" value="THOMAS"/>THOMAS GATTING</persName> </hi> (41
<hi rend="italic">A.R.</hi>) On January 16th I went to Burroughs' assistance, he had the two prisoners in charge, and the prosecutrix said, "I wish to charge those two men; they came up to me and asked me to give them my purse, and that if I did not they would kill me"—they both said, "Don't listen to her, we never saw you before in our lives; were not you drinking with us at the Windsor?"—she nodded her head—they re
<lb/>fused their address.</p>
<xptr type="pageFacsimile" doc="189602030007"/>
<hi rend="italic">Cress-examined by Banner.</hi> You did not say, "Were not you drinking with us at the Duke of York?" you said, "At the Windsor."</p>
<hi rend="smallCaps">
<persName id="t18960203-name-56" type="witnessName">
<interp inst="t18960203-name-56" type="gender" value="female"/>
<interp inst="t18960203-name-56" type="surname" value="BARNETT"/>
<interp inst="t18960203-name-56" type="given" value="ELSA"/>ELSA BARNETT</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I remember charging the prisoners at the station; neither of them asked me whether I had been drinking with them at the Windsor, nor had I done so—I had not been drinking with anybody at the Windsor.</p>
<hi rend="italic">Cross-examined by Bailey.</hi> I have never said that I went up Victoria, Street, and brought the policeman down—I am sure you are the two men.</p>
<hi rend="italic">Bailey's statement before the Magistrate.</hi> "I know nothing about it. I am as innocent as a child. I never saw the woman before."</p>
<hi rend="italic">Banner's defence.</hi> I was never charged with such a thing before. The constable says he never heard "Police" called. I was making water against a hoarding, and the policeman took me. I never saw the woman. in my life before.</p>
<hi rend="smallCaps">F. BURROWS</hi> (
<hi rend="italic">Re-examined</hi>). I cannot tell whether they had been re
<lb/>lieving themselves against a hoarding—they had stopped when I came up to them—the woman was perfectly sober.</p>
<hi rend="smallCaps">
<rs id="t18960203-190-verdict-1" type="verdictDescription">
<interp inst="t18960203-190-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18960203-190-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18960203-191">
<interp inst="t18960203-191" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-191" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-191-charge-1" targOrder="Y" targets="def1-191-18960203 t18960203-191-offence-1 t18960203-191-verdict-1"/>
<persName id="def1-191-18960203" type="defendantName">
<interp inst="def1-191-18960203" type="gender" value="male"/>
<interp inst="def1-191-18960203" type="age" value="24"/>
<interp inst="def1-191-18960203" type="surname" value="LOCKYER"/>
<interp inst="def1-191-18960203" type="given" value="ALBERT EDWARD"/>
<interp inst="def1-191-18960203" type="occupation" value="colliery agent and clerk"/>
<hi rend="largeCaps">ALBERT EDWARD LOCKYER</hi> (24)</persName>
<rs id="t18960203-191-offence-1" type="offenceDescription">
<interp inst="t18960203-191-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18960203-191-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining £1 from
<persName id="t18960203-name-58" type="victimName">
<interp inst="t18960203-name-58" type="gender" value="male"/>
<interp inst="t18960203-name-58" type="surname" value="DURRANT"/>
<interp inst="t18960203-name-58" type="given" value="CHARLES"/>
<interp inst="t18960203-name-58" type="occupation" value="colliery agent"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-191-offence-1 t18960203-name-58"/>Charles Durrant</persName>, and £3 from
<persName id="t18960203-name-59" type="victimName">
<interp inst="t18960203-name-59" type="gender" value="male"/>
<interp inst="t18960203-name-59" type="surname" value="DURRANT"/>
<interp inst="t18960203-name-59" type="given" value="ARTHUR ERNEST"/>
<interp inst="t18960203-name-59" type="occupation" value="solicitor"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-191-offence-1 t18960203-name-59"/>Arthur Ernest Durrant</persName>, by false pretences.</rs> </p>
<hi rend="smallCaps">MR. KERSHAW</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-60" type="witnessName">
<interp inst="t18960203-name-60" type="gender" value="male"/>
<interp inst="t18960203-name-60" type="surname" value="DURRANT"/>
<interp inst="t18960203-name-60" type="given" value="CHARLES THOMAS"/>CHARLES THOMAS DURRANT</persName> </hi>. I am a colliery agent—I have known the defendant many years; he is my cousin—he was formerly a partner in the employ of Myers and Co., colliery agents—he entered my employ
<lb/>ment on the last day of September or October 1st—he told me if I would employ him he could make a very good business, as the man he was with was bankrupt—I employed him as a clerk at £1 a week and 25 per cent. on the net profits—he said that he had a good connection with a large class of people and also among-shipbrokers—I took a special office for him in Billiter Square, and he came there—he said, about Christmas, that he knew a Mr. Allen who had introduced him to Mr. Seale, who was a ship's husband, that is a storekeeper, who sees to the victualling of Mr. Grant's ships—they are a large firm, and he said that they were not satisfied with the coal they were having and he was negotiating an order, and Mr. Seale would want a Certain amount of commission out of it, and he could not get the order unless he had something to give Mr. Seale, who would expect £10—I objected to give £10 to people I did not know—he said that Mr. Seale would not want the whole amount down at once, and suggested giving him a sovereign, which I gave him on account—he left the office and came back in half-an-hour, and said he had seen Mr. Seale, who took the sovereign and put it in his waistcoat pocket, and said that it was rather small, and he should expect the balance, but he gave the order—that was on January 2nd; and on the same day he wrote a letter from me to Messrs. Grant, of which this is a copy—on January 7th I was told that Messrs. Grant wanted a confirmation in my own writing and I wrote him this letter, and posted it myself. (
<hi rend="italic">Confirming the order and stating that a copy would be sent from his office at Cardiff.</hi>) I was in London that day, and the next day, Wednesday morning, when the defendant showed me the same letter returned to me, and said that</p>
<xptr type="pageFacsimile" doc="189602030010"/>
<p>Messrs. Grant were not satisfied with my confirmation, as the details were act out—I saw the India rubber stamp, and that confirmed me that the letter was genuine—I sent another letter from Cardiff, where I had gone to take an office, because the defendant told me that Messrs. Grant would give us a vote, and it would be absolutely necessary to have an office at Cardiff; I went there on the evening of the 8th, leaving my brother Alfred in charge of the office, and posted my letter next morning, but got no letter or telegram in reply—I never saw my letter again—on the 10th I received this letter from the defendant. (
<hi rend="italic">This said</hi>, "Do not wire to Grant, I arranged with McGregory about Orient line; Arthur gave me £3 to give him next week.—A. E. Lockyer.") He had said that Mr. Steele had introduced him to Mr. McGregory of the Orient line—on the Saturday I had this letter from the defendant saying that Mr. R. Grant wished to see me on Tuesday—I returned to town on Saturday the 11th from Cardiff, and saw the defendant the same evening, he said that I should have to see Mr. Steele on Monday morning—I went there at ten a.m., and the prisoner said that he had already seen Mr. Steele, who had to go to Tilbury Dock and would not be back till five o'clock—I waited till six o'clock, when I got a telegram signed Steele, and did nothing that evening—on the morning of the 14th I went to the office and the defendant said he had already seen Mr. Steele, who wanted to know whether it would be convenient for me to see him at twelve o'clock—I said, "Very well, I will wait in till 12.30," I waited in, but Mr. Steele did not appear—the defendant came into the office and said, "Mr. Steele will be sure to be round"—I had another en
<lb/>gagement, and gave the defendant a half sovereign, so that he could let me know where they had gone—when I went back, the clerk at the office told me something, and I went to Crosby Hall to see if I could see them but could not—about three o'clock I saw the defendant in Billiter Square, and asked him where Mr. Steele was, he said he had gone to the Albert Docks, and had got the order in his pocket—I said, "You go to Fen-church Street Station, and if you cannot find him, I will go with you to the Albert Docks and see Mr. Steele"—he took a ticket, and I saw him off by the 3.23 train, and did not see him again that night—I said that if I did not receive a wire from him by five o'clock I should wait in, and at 5.30 I went to Mr. Anderson's and to Messrs. Grant's and made a communication to them—I never got any order—on the 15th I received this letter from the defendant. (
<hi rend="italic">Stating that he had sprained his ankle, and ricked his knee, and the doctor would not allow him to walk, and asking for money that lie might take a cab to the office.</hi>) I paid the £1 on the false representation that he was going to give it to Steele to get me the big order.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I have sometimes given you more than £1 a week; I never gave you less—I did not tell you I had been estab
<lb/>lished for a long while in Cardiff, I never had the slightest idea of Cardiff till I got the order—I did not instruct you to go about and say that I had been established there a long while—you were always paid your petty cash, and even had the money before-hand, but they were not paid—you always had coal to sell for me, but not at a prohibitory price; it was very possible for you to have done business if you desired to, and coal has been sold at a price beyond what I was</p>
<xptr type="pageFacsimile" doc="189602030011"/>
<p>offering it for—£200 would not cover my expenses in establishing offices in London and Cardiff.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-61" type="witnessName">
<interp inst="t18960203-name-61" type="gender" value="male"/>
<interp inst="t18960203-name-61" type="surname" value="DURRANT"/>
<interp inst="t18960203-name-61" type="given" value="ARTHUR ERNEST"/>ARTHUR ERNEST DURRANT</persName> </hi>. I am a solicitor, of Greenhithe, Kent—on January 9th I temporarily took charge of my brother's office while he was at Cardiff, and the defendant said that he had been ordered to obtain coal by Mr. McGregor, and that Messrs. Anderson were the agents, that he had been promised a large order; that Mr. McGregor had asked him for cer
<lb/>tain money as a fee, and he expected £10—I offered him £3, which he said would do.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-62" type="witnessName">
<interp inst="t18960203-name-62" type="gender" value="male"/>
<interp inst="t18960203-name-62" type="surname" value="ELLIS"/>
<interp inst="t18960203-name-62" type="given" value="GEORGE STANLEY"/>GEORGE STANLEY ELLIS</persName> </hi>. I am a clerk to Messrs. G. R. Grant, ship-brokers, of 3, Billiter Street—we never had anyone named Steele in the employment, nor had we authorised anyone to negotiate for coal—I received this letter from Mr. Charles Durrant, and about an hour after we opened it a person, not the prisoner, called to make a statement, and I gave him the letter—it bore our stamp, which is done to every letter we receive—I received a telegram from Mr. Durrant at Cardiff, and another letter which I took to the prisoner in London, thinking it had come by mistake; he asked me to come out into the passage and thanked me there.</p>
<hi rend="italic">Cross-examined.</hi> It was possible for you to call at the office with a-card not for us, but not probable.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-63" type="witnessName">
<interp inst="t18960203-name-63" type="gender" value="male"/>
<interp inst="t18960203-name-63" type="surname" value="DANTON"/>
<interp inst="t18960203-name-63" type="given" value="LOUIS WILLIAM"/>LOUIS WILLIAM DANTON</persName> </hi>. I am clerk to Anderson and Co., managers of the Orient Line, jointly with another company—they do not employ anyone named McGregor—I know no one of that name, and I have been in the employment fifteen years—I do not know the prisoner, we make our own contracts—I know of no proposals for a contract with C. T. Durrant.</p>
<hi rend="italic">Cross-examined.</hi> It is possible for you to come into the office and not see me—Mr. Durrant told me he had given you certain money, but it is not the way of doing business to give an employe money to bribe another firm.</p>
<hi rend="italic">The prisoner in his defence said that Mr. Durrant did not understand business, and offered him</hi> £2
<hi rend="italic">a week, but sometimes paid him short giving him a sovereign, and saying that he</hi> (
<hi rend="italic">the prisoner</hi>)
<hi rend="italic">must invent something to enable Mr. Durrant to pay him, that everything he had done was with Mr. Durrant's sanction who had told him since that if he would go back and work for him he would let it fall to the ground; that he had no intention to defraud, and that the</hi> £4
<hi rend="italic">was deducted from his wages, Mr. Durrant owing him</hi> £10
<hi rend="italic">and he taking</hi> £6.</p>
<hi rend="smallCaps">C. T. DURRANT</hi> (
<hi rend="italic">Re-examined</hi>). It is not true that I told him that if he went back to work for me I would not go on with the prosecution—the £4 has not been repaid to me.</p>
<hi rend="smallCaps">
<rs id="t18960203-191-verdict-1" type="verdictDescription">
<interp inst="t18960203-191-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-191-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">The prosecutor stated that he had found out several other cases of dis
<lb/>honesty against the prisoner; that he had been bail for him in November</hi>, 1894,
<hi rend="italic">when he was convicted at Marlborough Street, but had taken him into his employment to give him another chance.—
<rs id="t18960203-191-punishment-10" type="punishmentDescription">
<interp inst="t18960203-191-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-191-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-191-18960203 t18960203-191-punishment-10"/>Nine Months* Hard Labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, February</hi> 4
<hi rend="italic">th</hi>, 1896.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18960203-192">
<interp inst="t18960203-192" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-192" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-192-charge-1" targOrder="Y" targets="def1-192-18960203 t18960203-192-offence-1 t18960203-192-verdict-1"/>
<join result="criminalCharge" id="t18960203-192-charge-1" targOrder="Y" targets="def1-192-18960203 t18960203-192-offence-1 t18960203-192-verdict-1"/>
<persName id="def1-192-18960203" type="defendantName">
<interp inst="def1-192-18960203" type="gender" value="male"/>
<interp inst="def1-192-18960203" type="age" value="21"/>
<interp inst="def1-192-18960203" type="surname" value="DAVIS"/>
<interp inst="def1-192-18960203" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM DAVIS</hi> (21)</persName> and
<persName id="def2-192-18960203" type="defendantName">
<interp inst="def2-192-18960203" type="gender" value="male"/>
<interp inst="def2-192-18960203" type="age" value="22"/>
<interp inst="def2-192-18960203" type="surname" value="BONNER"/>
<interp inst="def2-192-18960203" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER BONNER</hi> (22)</persName>,
<hi rend="smallCaps">
<rs id="t18960203-192-verdict-1" type="verdictDescription">
<interp inst="t18960203-192-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-192-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18960203-192-offence-1" type="offenceDescription">
<interp inst="t18960203-192-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-192-offence-1" type="offenceSubcategory" value="burglary"/>to a burglary in the dwelling-house of
<persName id="t18960203-name-66" type="victimName">
<interp inst="t18960203-name-66" type="gender" value="male"/>
<interp inst="t18960203-name-66" type="surname" value="LANGENSCHELD"/>
<interp inst="t18960203-name-66" type="given" value="CARL"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-192-offence-1 t18960203-name-66"/>Carl Langenscheld</persName>, with intent to steal. </rs>
<hi rend="italic">They also</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to having been previously convicted, Bonner on three occasions.</hi> </p>
<hi rend="largeCaps">DAVIS</hi>
<hi rend="italic">
<rs id="t18960203-192-punishment-11" type="punishmentDescription">
<interp inst="t18960203-192-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-192-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-192-18960203 t18960203-192-punishment-11"/>Fifteen Months' Hard labour.</rs> </hi> </p>
<hi rend="largeCaps">BONNER</hi>
<hi rend="italic">
<rs id="t18960203-192-punishment-12" type="punishmentDescription">
<interp inst="t18960203-192-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-192-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-192-18960203 t18960203-192-punishment-12"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18960203-193">
<interp inst="t18960203-193" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-193" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-193-charge-1" targOrder="Y" targets="def1-193-18960203 t18960203-193-offence-1 t18960203-193-verdict-1"/>
<persName id="def1-193-18960203" type="defendantName">
<interp inst="def1-193-18960203" type="gender" value="male"/>
<interp inst="def1-193-18960203" type="age" value="18"/>
<interp inst="def1-193-18960203" type="surname" value="JOHNSON"/>
<interp inst="def1-193-18960203" type="given" value="ALBERT"/>
<hi rend="largeCaps">ALBERT JOHNSON</hi> (18)</persName>,
<hi rend="smallCaps">
<rs id="t18960203-193-verdict-1" type="verdictDescription">
<interp inst="t18960203-193-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-193-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18960203-193-offence-1" type="offenceDescription">
<interp inst="t18960203-193-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-193-offence-1" type="offenceSubcategory" value="pocketpicking"/>to stealing a watch and chain from the person of
<persName id="t18960203-name-68" type="victimName">
<interp inst="t18960203-name-68" type="gender" value="male"/>
<interp inst="t18960203-name-68" type="surname" value="SOUTER"/>
<interp inst="t18960203-name-68" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-193-offence-1 t18960203-name-68"/>Frederick Souter</persName>.</rs> </p> </div1>
<div1 type="trialAccount" id="t18960203-194">
<interp inst="t18960203-194" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-194" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-194-charge-1" targOrder="Y" targets="def1-194-18960203 t18960203-194-offence-1 t18960203-194-verdict-1"/>
<join result="criminalCharge" id="t18960203-194-charge-2" targOrder="Y" targets="def2-194-18960203 t18960203-194-offence-1 t18960203-194-verdict-1"/>
<persName id="def1-194-18960203" type="defendantName">
<interp inst="def1-194-18960203" type="gender" value="male"/>
<interp inst="def1-194-18960203" type="age" value="18"/>
<interp inst="def1-194-18960203" type="surname" value="JOHNSON"/>
<interp inst="def1-194-18960203" type="given" value="ALBERT"/>
<hi rend="largeCaps">ALBERT JOHNSON</hi> </persName> was
<hi rend="italic">again</hi> indicted, together with
<persName id="def2-194-18960203" type="defendantName">
<interp inst="def2-194-18960203" type="gender" value="male"/>
<interp inst="def2-194-18960203" type="age" value="22"/>
<interp inst="def2-194-18960203" type="surname" value="MALLIGAN"/>
<interp inst="def2-194-18960203" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS MALLIGAN</hi> (22)</persName>
<rs id="t18960203-194-offence-2" type="offenceDescription">
<interp inst="t18960203-194-offence-2" type="offenceCategory" value="violentTheft"/>
<interp inst="t18960203-194-offence-2" type="offenceSubcategory" value="robbery"/>, for a robbery with violence on
<persName id="t18960203-name-71" type="victimName">
<interp inst="t18960203-name-71" type="gender" value="male"/>
<interp inst="t18960203-name-71" type="surname" value="BALDRY"/>
<interp inst="t18960203-name-71" type="given" value="EDWARD"/>
<interp inst="t18960203-name-71" type="occupation" value="superintendent worker, Army Clothing Department"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-194-offence-2 t18960203-name-71"/>Edward Baldry</persName>, and stealing a watch-chain.</rs> </p>
<hi rend="smallCaps">MR. LAYTON</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended Johnson.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-72" type="witnessName">
<interp inst="t18960203-name-72" type="gender" value="male"/>
<interp inst="t18960203-name-72" type="surname" value="BALDRY"/>
<interp inst="t18960203-name-72" type="given" value="EDWARD"/>EDWARD BALDRY</persName> </hi>. I live at 9, Gower Place, and am superintendent worker in the Army Clothing Department, Pimlico—on the morning of January 6th, about five minutes to six, I was passing through Seven Dials on my way home, between Little and Great St. Andrew Street—as I was walking along I observed a policeman talking to two men and a boy out-side a public-house at the corner of Great St. Andrew Street—after the policeman had spoken to them they moved on in front of me, then sud
<lb/>denly stopped, and the taller man (
<hi rend="italic">Johnson</hi>) threw his arm across my chest and the shorter man (
<hi rend="italic">Malligan</hi>) struck me a violent blow on the nose and the top part of my chin, and broke away a portion of my tongue which I have not recovered—I did not lose sight of the men after that—I looked for a policeman—the men walked in front of me a distance of seventy paces—I found a policeman, and gave information, and had my nose dressed—I gave a description to two de
<lb/>tectives while in the doctor's surgery—I think my nose was broken—I went to Bow Street Police-station—I was there shown ten or eleven men—I failed to identify the men at that time. After a time Malligan was placed in the dock, and I at once said he was the man—I had not the slightest doubt of his being the man—I saw Johnson next month in the dock on another charge, and identified him; I have not the slightest doubt about him—I have no doubt the prisoners are the two men that assaulted me.</p>
<hi rend="italic">Cross-examined.</hi> It was very dark at five minutes to six that night—there was not a soul there but the policeman and the persons he was speaking to—it appeared to me that he was ordering them away—the thing that drew my attention was the policeman talking to them—the two men then separated and came towards me, and the robbery was the work of an instant—Malligan placed his hand down my coat, it was buttoned up—he faced me, I had a full view of Johnson's face when the policeman was ordering him away—I did not see his face when he robbed me—at the station I gave a description to the police of the thief—I was only shown one row of men to identify one person—next morning, at Bow Street, I saw Johnson charged with stealing a watch—I did not know what he was charged with—I could then see his face, and I recognised him.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-73" type="witnessName">
<interp inst="t18960203-name-73" type="gender" value="male"/>
<interp inst="t18960203-name-73" type="surname" value="REED"/>
<interp inst="t18960203-name-73" type="given" value="JOHN"/>JOHN REED</persName> </hi> (443
<hi rend="italic">E</hi>). On January 6th, about a quarter-past six, I was on duty in High Street, Bloomsbury, in plain clothes—I received some information, and the prosecutor was pointed out to me; he was bleeding from the nose—he made a statement to me and gave me a descrip
<xptr type="pageFacsimile" doc="189602030013"/>
<p>of certain persons—at half-past eight that evening I saw Mulligan on the Seven Dials—I stopped him and told him I was a police officer, and I was endeavouring to tell him what I was going to take him for, when he put his foot behind me, pushed me back and gave me a violent kick in the stomach; I kept hold of his leg—I arrested him from the description I had received from the prosecutor—I got him to the station, the prosecutor failed to identify him—I then charged him with the assault and the unlawful possession of an expensive hard felt hat which he was wearing; he endeavoured to conceal it, and put a cap on—the prosecutor said "he is the man that struck the blow; I swear to him now I have seen him properly"—Malligan replied, "If I had you outside I would knock your two eyes into one"—next morning I formally charged him with this robbery; he made no reply—next morning I felt fairly well, and fit for duty—the prosecutor gave me a description of two persons.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-74" type="witnessName">
<interp inst="t18960203-name-74" type="gender" value="male"/>
<interp inst="t18960203-name-74" type="surname" value="TAIT"/>
<interp inst="t18960203-name-74" type="given" value="EDWARD"/>EDWARD TAIT</persName> </hi> (17
<hi rend="italic">ER</hi>). On January 6th at half-past eight I was in Seven Dials, off duty in plain clothes—I saw last witness catch hold of Malligan, he turned and threw the officer down and kicked him a most violent blow—I ran and assisted in keeping hold of him till the officer got on his legs—his behaviour was most violent all the way to the station—I struck him several times with a walking-stick which I was carrying, he was so violent; he called on the crowd to rescue him.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-75" type="witnessName">
<interp inst="t18960203-name-75" type="gender" value="male"/>
<interp inst="t18960203-name-75" type="surname" value="LEADER"/>
<interp inst="t18960203-name-75" type="given" value="JOHN"/>JOHN LEADER</persName> </hi> (154
<hi rend="italic">E</hi>). On January 6th at ten minutes to six. I was on duty in Seven Dials, outside the Crown public-house I saw the two prisoners in company with a lad—I requested them to move away, they were right across the pavement; they went away in the direction of Shaftesbury Avenue—I saw them several times during the afternoon, Johnson especially—I did not know him before.</p>
<hi rend="italic">Cross-examined.</hi> There were several persons standing at each corner of "the Dials "loitering about, as they always are there, but not on the same pavement where the prisoners were, they were the only persons standing there.</p>
<hi rend="italic">The Prisoners' statements before the Magistrate. Johnson said</hi>, "I can prove I was at home at Battersea, with my mother at six p.m. "Malligan "I was coming from Compton Street, after being there to give my brother 3s.—when I came out of the tobacco-shop these two detectives got hold of me, they never told me what for till I was at the station, when they got a lot of men, and the prosecutor said I was not the man, and next morning he said I was."</p>
<hi rend="smallCaps">
<rs id="t18960203-194-verdict-1" type="verdictDescription">
<interp inst="t18960203-194-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-194-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>,—
<hi rend="italic">A previous conviction was proved against Johnson in July</hi>, 1893,
<hi rend="italic">of larceny from the person, sentence nine months. Malligan was stated to be of a violent character, and both prisoners as associates of a gang of thieves.</hi> </p>
<hi rend="smallCaps">JOHNSON</hi>
<hi rend="italic">
<rs id="t18960203-194-punishment-13" type="punishmentDescription">
<interp inst="t18960203-194-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-194-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-194-18960203 t18960203-194-punishment-13"/>Fifteen Months' Hard Labour</rs> and
<rs id="t18960203-194-punishment-14" type="punishmentDescription">
<interp inst="t18960203-194-punishment-14" type="punishmentCategory" value="corporal"/>
<interp inst="t18960203-194-punishment-14" type="punishmentSubcategory" value="whipping"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-194-18960203 t18960203-194-punishment-14"/>Twenty Strokes with the Cat.</rs> </hi>
<hi rend="largeCaps">MALLIGAN</hi>
<hi rend="italic">
<rs id="t18960203-194-punishment-15" type="punishmentDescription">
<interp inst="t18960203-194-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-194-punishment-15" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-194-18960203 t18960203-194-punishment-15"/>Twelve Months' Hard Labour</rs> and
<rs id="t18960203-194-punishment-16" type="punishmentDescription">
<interp inst="t18960203-194-punishment-16" type="punishmentCategory" value="corporal"/>
<interp inst="t18960203-194-punishment-16" type="punishmentSubcategory" value="whipping"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-194-18960203 t18960203-194-punishment-16"/>Twenty Strokes with the Cat</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18960203-195">
<interp inst="t18960203-195" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-195" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-195-charge-1" targOrder="Y" targets="def1-195-18960203 t18960203-195-offence-1 t18960203-195-verdict-1"/>
<persName id="def1-195-18960203" type="defendantName">
<interp inst="def1-195-18960203" type="gender" value="male"/>
<interp inst="def1-195-18960203" type="age" value="31"/>
<interp inst="def1-195-18960203" type="surname" value="LAIDLAW"/>
<interp inst="def1-195-18960203" type="given" value="DAVID ALEXANDER"/>
<interp inst="def1-195-18960203" type="occupation" value="account collector"/>
<hi rend="largeCaps">DAVID ALEXANDER LAIDLAW</hi> (31)</persName>
<rs id="t18960203-195-offence-1" type="offenceDescription">
<interp inst="t18960203-195-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18960203-195-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an endorsement to an order for £1, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. BOND</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-77" type="witnessName">
<interp inst="t18960203-name-77" type="gender" value="male"/>
<interp inst="t18960203-name-77" type="surname" value="RUSSELL"/>
<interp inst="t18960203-name-77" type="given" value="ROBERT"/>ROBERT RUSSELL</persName> </hi>. I am a greengrocer, of 103 High Street, Maryle
<xptr type="pageFacsimile" doc="189602030016"/>
<p>—I employed the prisoner to collect some accounts in the early part of December last; Mrs. Glass owed me £11 odd—the prisoner was to collect it, and give it to me as he got it—I did not receive it from him—the endorsement to this cheque is not mine; I never authorised the pri
<lb/>soner or anyone to write it.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-78" type="witnessName">
<interp inst="t18960203-name-78" type="gender" value="male"/>
<interp inst="t18960203-name-78" type="surname" value="ROWLAND"/>
<interp inst="t18960203-name-78" type="given" value="ALEXANDER HENRY"/>ALEXANDER HENRY ROWLAND</persName> </hi>. I live at 18, Nottingham Place; I filled in the body Df this cheque for Mrs. Glass at her request, and she signed it, and I handed it to the prisoner on January 7th.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-79" type="witnessName">
<interp inst="t18960203-name-79" type="gender" value="male"/>
<interp inst="t18960203-name-79" type="surname" value="WHITE"/>
<interp inst="t18960203-name-79" type="given" value="RICHARD"/>RICHARD WHITE</persName> </hi>. I am a bagmaker, of 67, Tottenham Court Road—on January 8th the prisoner called on me to pay me 4s. 6d., part of an account that he owed me; he handed me this cheque—I said I did not like taking cheques—he said, "I can insure this being all right"—I said, "It is endorsed"—he said, "Yes"—I gave him 15s. 6d., and paid the cheque away—I have known him several years.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-80" type="witnessName">
<interp inst="t18960203-name-80" type="gender" value="male"/>
<interp inst="t18960203-name-80" type="surname" value="WEBB"/>
<interp inst="t18960203-name-80" type="given" value="THOMAS"/>THOMAS WEBB</persName> </hi> (
<hi rend="italic">Police Sergeant E</hi>). On Saturday afternoon I saw the prisoner in the Regent public-house, Regent's Park—I called him outside and told him I was an officer, and should take him into custody for forging Mr. Russell's name—he said, "Do you mean this cheque?"—I said, "I mean one"—he said, "I was employed by Mr. Russell as his agent; I thought I had a right to sign; he authorised me to sign them"—on the way to the station he said, "I got drunk; I had a little drop too much, and got robbed of it"—after he was charged he said, "There was another cheque"—he afterwards told me he intended to return to Mr. Russell with the money, but had too much, and was robbed of it—he told me where he had cashed it, and gave me every information.</p>
<hi rend="italic">The prisoner called</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-81" type="witnessName">
<interp inst="t18960203-name-81" type="gender" value="female"/>
<interp inst="t18960203-name-81" type="surname" value="LAIDLAW"/>
<interp inst="t18960203-name-81" type="given" value="MARIA"/>MARIA LAIDLAW</persName> </hi>. I am the prisoner's mother; I am sure he would not have done this if he had been in his right mind—he has suffered from his infancy—I have a paper from Dr. Alexander when he left the asylum in 1893, where he was for a second attempt at suicide, and another paper from Dr. Walker, of Holloway—he has lived at home with me at different times, but he is often away—he has had temporary employment, but can do no brain work.</p>
<hi rend="italic">Prisoner's Defence:</hi> I cannot answer this case. I have no recollection about it, and cannot account for it. I have been going about in dread of my life; I should like an imprisonment for life.</p>
<rs id="t18960203-195-verdict-1" type="verdictDescription">
<interp inst="t18960203-195-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-195-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">Strongly recommended to mercy by the</hi>
<hi rend="smallCaps">JURY</hi>.—</rs>
<rs id="t18960203-195-punishment-17" type="punishmentDescription">
<interp inst="t18960203-195-punishment-17" type="punishmentCategory" value="noPunish"/>
<interp inst="t18960203-195-punishment-17" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-195-18960203 t18960203-195-punishment-17"/>
<hi rend="italic">Judgment respited for inquiry.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18960203-196">
<interp inst="t18960203-196" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-196" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-196-charge-1" targOrder="Y" targets="def1-196-18960203 t18960203-196-offence-1 t18960203-196-verdict-1"/>
<persName id="def1-196-18960203" type="defendantName">
<interp inst="def1-196-18960203" type="gender" value="female"/>
<interp inst="def1-196-18960203" type="age" value="29"/>
<interp inst="def1-196-18960203" type="surname" value="HOWE"/>
<interp inst="def1-196-18960203" type="given" value="MARTHA AMELIA"/>
<hi rend="largeCaps">MARTHA AMELIA HOWE</hi> (29)</persName>
<hi rend="smallCaps">
<rs id="t18960203-196-verdict-1" type="verdictDescription">
<interp inst="t18960203-196-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-196-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18960203-196-offence-1" type="offenceDescription">
<interp inst="t18960203-196-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18960203-196-offence-1" type="offenceSubcategory" value="bigamy"/> to feloniously marrying
<persName id="t18960203-name-83" type="victimName">
<interp inst="t18960203-name-83" type="gender" value="male"/>
<interp inst="t18960203-name-83" type="surname" value="STEWART"/>
<interp inst="t18960203-name-83" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-196-offence-1 t18960203-name-83"/>James Stewart</persName>, her husband being then living. </rs>
<hi rend="italic">The prisoner alleged that her husband had brutally ill-used her, and had left her to live with other women, and had threatened her life. The husband denied this.—
<rs id="t18960203-196-punishment-18" type="punishmentDescription">
<interp inst="t18960203-196-punishment-18" type="punishmentCategory" value="noPunish"/>
<interp inst="t18960203-196-punishment-18" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-196-18960203 t18960203-196-punishment-18"/>Judgment respited for inquiry</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18960203-197">
<interp inst="t18960203-197" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-197" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-197-charge-1" targOrder="Y" targets="def1-197-18960203 t18960203-197-offence-1 t18960203-197-verdict-1"/>
<persName id="def1-197-18960203" type="defendantName">
<interp inst="def1-197-18960203" type="gender" value="male"/>
<interp inst="def1-197-18960203" type="age" value="23"/>
<interp inst="def1-197-18960203" type="surname" value="CAMERON"/>
<interp inst="def1-197-18960203" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR CAMERON</hi> (23)</persName>
<rs id="t18960203-197-verdict-1" type="verdictDescription">
<interp inst="t18960203-197-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-197-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18960203-197-offence-1" type="offenceDescription">
<interp inst="t18960203-197-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-197-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to two indictments for stealing and receiving magic-lantern slides of
<persName id="t18960203-name-85" type="victimName">
<interp inst="t18960203-name-85" type="gender" value="male"/>
<interp inst="t18960203-name-85" type="surname" value="NEWTON"/>
<interp inst="t18960203-name-85" type="given" value="HERBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-197-offence-1 t18960203-name-85"/>Herbert Newton</persName>, and other goods from
<persName id="t18960203-name-86" type="victimName">
<interp inst="t18960203-name-86" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-197-offence-1 t18960203-name-86"/>Messrs. Shoolbred and Co.</persName>, and to a previous conviction in January, 1895.</rs>
<hi rend="italic">Other convictions were also proved against him.—
<rs id="t18960203-197-punishment-19" type="punishmentDescription">
<interp inst="t18960203-197-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-197-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-197-18960203 t18960203-197-punishment-19"/>Twelve Months' Hard Labour</rs>.</hi> And</p> </div1>
<div1 type="trialAccount" id="t18960203-198">
<interp inst="t18960203-198" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-198" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-198-charge-1" targOrder="Y" targets="def1-198-18960203 t18960203-198-offence-1 t18960203-198-verdict-1"/>
<persName id="def1-198-18960203" type="defendantName">
<interp inst="def1-198-18960203" type="gender" value="male"/>
<interp inst="def1-198-18960203" type="age" value="24"/>
<interp inst="def1-198-18960203" type="surname" value="COXHEAD"/>
<interp inst="def1-198-18960203" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY COXHEAD</hi> (24)</persName>
<rs id="t18960203-198-verdict-1" type="verdictDescription">
<interp inst="t18960203-198-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-198-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18960203-198-offence-1" type="offenceDescription">
<interp inst="t18960203-198-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18960203-198-offence-1" type="offenceSubcategory" value="forgery"/>, to four indictments for forging and uttering receipts for £10 each, and stealing two deposit-books from
<persName id="t18960203-name-88" type="victimName">
<interp inst="t18960203-name-88" type="gender" value="male"/>
<interp inst="t18960203-name-88" type="surname" value="MILWARD"/>
<interp inst="t18960203-name-88" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-198-offence-1 t18960203-name-88"/>Henry Milward</persName>.—</rs>
<rs id="t18960203-198-punishment-20" type="punishmentDescription">
<interp inst="t18960203-198-punishment-20" type="punishmentCategory" value="noPunish"/>
<interp inst="t18960203-198-punishment-20" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-198-18960203 t18960203-198-punishment-20"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18960203-199">
<interp inst="t18960203-199" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-199" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-199-charge-1" targOrder="Y" targets="def1-199-18960203 t18960203-199-offence-1 t18960203-199-verdict-1"/>
<join result="criminalCharge" id="t18960203-199-charge-2" targOrder="Y" targets="def2-199-18960203 t18960203-199-offence-1 t18960203-199-verdict-1"/>
<xptr type="pageFacsimile" doc="189602030017"/>
<persName id="def1-199-18960203" type="defendantName">
<interp inst="def1-199-18960203" type="gender" value="male"/>
<interp inst="def1-199-18960203" type="age" value="20"/>
<interp inst="def1-199-18960203" type="surname" value="ASHTON"/>
<interp inst="def1-199-18960203" type="given" value="JAMES HENRY"/>
<hi rend="largeCaps">JAMES HENRY ASHTON</hi> (20)</persName> and
<persName id="def2-199-18960203" type="defendantName">
<interp inst="def2-199-18960203" type="gender" value="male"/>
<interp inst="def2-199-18960203" type="age" value="22"/>
<interp inst="def2-199-18960203" type="surname" value="DRISCOLL"/>
<interp inst="def2-199-18960203" type="given" value="WALTER"/>
<interp inst="def2-199-18960203" type="occupation" value="fruit hawker"/>
<hi rend="largeCaps">WALTER DRISCOLL</hi> (22)</persName>
<rs id="t18960203-199-offence-1" type="offenceDescription">
<interp inst="t18960203-199-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18960203-199-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18960203-name-91" type="victimName">
<interp inst="t18960203-name-91" type="gender" value="male"/>
<interp inst="t18960203-name-91" type="surname" value="JONES"/>
<interp inst="t18960203-name-91" type="given" value="SAMUEL"/>
<interp inst="t18960203-name-91" type="occupation" value="warehouseman"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-199-offence-1 t18960203-name-91"/>Samuel Jones</persName>, and stealing a watch and chain.</rs> </p>
<hi rend="smallCaps">MR. CAMPBELL</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. SANDS</hi>
<hi rend="italic">Defended Ashton, and</hi> </p>
<hi rend="smallCaps">MR. BURNIE</hi>
<hi rend="italic">Defended Driscoll.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-92" type="witnessName">
<interp inst="t18960203-name-92" type="gender" value="male"/>
<interp inst="t18960203-name-92" type="surname" value="JONES"/>
<interp inst="t18960203-name-92" type="given" value="SAMUEL"/>SAMUEL JONES</persName> </hi>. I am a warehouseman in the City, and live at 10, St. Paul's Street, Islington—on Christmas Eve, about half-past six or a quarter to seven, I came out of my house to call a hansom cab—I went down to the New North Road, about six doors off—the cab followed me back to my house—as I went to my steps I saw three men approaching me; I had never seen them before that I know of—I gave some direc
<lb/>tions to the cabman—as I turned round to go up the steps to my door I found the three men round me, one to the left, and the other two to the right; one of them, Driscoll, came and looked me full in the face, at the same time I felt a tug at my watch-chain; I kept my watch, but they got my chain, and made off at once—I turned round and looked at the other two, and I caught sight of Ashton, and then made off after Driscoll shouting "Stop thief "twice—the other two had followed me after Dris
<lb/>coll; I was knocked over into the road—I got up and looked round, and I could see the smallest of the two go round the corner, and I have never seen him since; the other man stood about fifteen yards off, and watched what I was going to do; I looked at him so as to know him again. It was Ashton, he ran away as fast as he could; I followed him to the corner; I could not see him, and thinking it was a bad job, I gave it up—when I got back the cabman was there; I said something to him, and went into the house—the skin was knocked off both my hands; there was a good deal of blood from both hands; I felt the most pain next day—I went to Maidenhead that night, and remained there till the following Monday, the 29th; I could not leave the house for four days; I went to a chemist's at Maidenhead, and had my hands dressed; I came back to my own house on the 29th—Sergeant Smith called on me; I gave him a description of the three men who had assaulted me, as far as I could, and later that night I was invited to go to the Police-station at Islington to see if I could identify any of the men; there were about eight or nine men there, and I directly recognised Ashton—he was not dressed as he is now; he had a jacket on—when I first saw him he had on an overcoat; I should say the coat he has on now; it was a long light overcoat; he had not that on when I went into the station; after the other men had left, the police gave him back his overcoat; he put it on, and then I could see a once that he was the person—ho said, "If any man will give me time I will do for him, if I swing for it—I should say that the overcoat he put on then was the same that he has on now; it looked to me that night like a dark brown; I believe it to be the same he has on now—on January 1st I again went to the station for the purpose of identifying some one, I saw about the same number of men, eight or nine, and I at once picked out Driscoll as the one that took my chain—seeing the two prisoners now, I have no doubt whatever that they are two of the men who assaulted me on that night—I gave £3 15s. for my watch, I have never seen it since.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SANDS</hi>. St. Paul's Street is a very wide street, there are no shops in it, only residents—when I first saw the three men they were coming towards my door from New North Road—I did not</p>
<xptr type="pageFacsimile" doc="189602030018"/>
<p>see anybody else in the street at the time, there was a gas-light in the passage full on, there is no garden in front of the house, the steps are flush with the street—there is a lamp opposite, half way between the house and New North Road, about twelve or fifteen yards from the house—the men paused as they came towards me, at first I thought they were ordinary travellers, going along—I did not notice how they were dressed, one was tall and two were short—the man that stared me in the face snatched my chain, the other two stood by, on my right—I first looked at the two, and then made off after the other—the cab stood there—when I got up Ashton was standing on the pavement on the other side of the road looking at me; I was nearly on the other side then—I called out twice before I was knocked down—the cab never moved—the cabman was on the box—when Ashton got on the other side, the lamp was shining straight on him, and I could see him plain enough—it was at Maidenhead I gave information to the police—the Sergeant came to see me there on the 28th—he told me who he was—I had never seen him before—he told me he had heard of the case, and asked if I could give a description of the man; he did not ask me if it was a young, smartish chap—after I had given him the description he said, "I believe I have got one of the men"—he went to the station, and I followed him—I said two men were short, and the other was a taller man with an overcoat—the eight or nine men I saw at the station were dressed like labouring men, I should say as middle-class fellows; some as tall as Ashton, most or them near about the same height; they were of all ages, a mixed lot—I was simply asked to go and see if I could identify one of the men—the three men were all young—Smith said, "I think we have got the Call one."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BURNIE</hi>. I did not take much notice of the three men at first; the whole thing was done in three or four minutes—I was examined before the Magistrate on January 2nd, I mentioning about Driscoll looking me in the face; I am pretty well sure I did; of course I can't call it to memory now.</p>
<hi rend="italic">Re-examined.</hi> I told the Magistrate how it was done, and that Driscoll took my chain.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-93" type="witnessName">
<interp inst="t18960203-name-93" type="gender" value="male"/>
<interp inst="t18960203-name-93" type="surname" value="SMITH"/>
<interp inst="t18960203-name-93" type="given" value="JAMES"/>JAMES SMITH</persName> </hi> (
<hi rend="italic">Detective Sergeant N</hi>). I first received information of this affair on December 27th from the Maidenhead police—on Decem
<lb/>ber 29th I called on Mr. Jones at 10, St. Paul's Street, Islington, and he made a communication to me, and gave me a description of three persons, in consequence of which I went back to my station, asking Jones to follow me—I got seven other men and fetched Ashton from the cell, and told him he would be put for identification for being concerned with two other men in robbing a gentleman of a watch-chain in St. Paul's Street on 24th—he looked at the men, and said something about his coat, and started to pull it off—I said, "Full it off; I will put it away"—I put his coat in the corner—he placed himself among the seven men—I asked him if he was satisfied—he said, "Yes"—Jones came in, and looked up and down the men, and stepped back to the inspector, who asked him if he saw anyone he knew—he said, "Yes"—the inspector said, "Go and touch him," and he went up and touched Ashton directly—I gave Ashton back his coat, and Jones at once said, "That is the coat the man was wearing when he robbed me"—when I placed Ashton in the dock he turned to Jones and</p>
<xptr type="pageFacsimile" doc="189602030019"/>
<p>said "I give you my word, if anyone puts me away I will awing for him"—when I came from the doorway of the inspector's office he said to me, "You knew I should get out of the other offence, so you got this up, against me, but I shall go down in the morning with my
<hi rend="italic">quids</hi>, and I shall get off"—on January 1st I saw Driscoll in the Prince of Wales public-house, Hoxton—I called him out—another officer was with me—I told him he would have to other to go to Upper Street Police-station with us for being concerned with two other men in robbing a man in St. Paul's Street on 24th December—he said, "I think you are getting this, up for me, Mr. Smith; this is the third time you are taking me up there"—I said, "We shall act fairly about you; if you are not identified you will be set at liberty"—I took him to the Police-station; he was placed among seven other men—Mr. Jones attended, and at once picked him out, saying "That is the man snatched my chain"—Driscoll said nothing to that—he was put in the dock and formally charged—he said I was getting it up for him—Jones had given me a description.</p>
<hi rend="italic">Cross-examined by</hi> Mr.
<hi rend="smallCaps">SANDS</hi>. Ashton was a bit excited, he laughed about it—no doubt he was angry or he would not have said what he did he seemed rather desperate at the time—I got in seven men as like him as I could; they were perfect strangers to me, casual passers by—none of them were policemen—some were rather taller, some shorter than Ashton—I don't think I told Jones that I had got the short man, or the tall man; I might have.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BURNIE</hi>. I first heard a description of the three men on Sunday—Driscoll had an elder brother Edward who in somewhat like him; you can see the difference when they are together—he also has a younger brother like him—I saw Driscoll in a public-house in Hoxton opposite where he lives, on Christmas Eve close on nine o'clock—the other officer who was with me when I arrested Driscoll is not here.</p>
<hi rend="italic">Re-examined.</hi> Driscoll and his brother were talking together in the bar on Christmas Eve at nine; no one else was in the bar—as I opened the door they stood in front of me—I did not say anything to them nor they to me—I know them both—I did not know of the robbery them.</p>
<hi rend="italic">Witnesses for Ashton.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-94" type="witnessName">
<interp inst="t18960203-name-94" type="gender" value="female"/>
<interp inst="t18960203-name-94" type="surname" value="PERRON"/>
<interp inst="t18960203-name-94" type="given" value="ELLEN"/>ELLEN PERRON</persName> </hi>. I have been staying with Mrs. Ashton at 33, Shepper
<lb/>ton Road since my young man, the prisoner Ashton, has been in trouble—his father is employed at the Britannia Theatre—I was living there on Christmas Eve—I left my business and got to 33, Shepperton Road about 5.45—Ashton was at home then—he and I remained in the house together till about 8.50 and then went out.</p>
<hi rend="italic">Cross-examined.</hi> I am in a business, but I don't want my parents to know about this case. (
<hi rend="italic">The witness declined to write down where she was employed.</hi>
<hi rend="smallCaps">MR. CAMPBELL</hi>
<hi rend="italic">did not press the question.</hi>) I usually arrive back from business at 5.45; I usually leave my business, which is in the West-end, about 5.15, and it takes me about twenty minutes to walk to Shepperton Road—I think I left business at 5.15 on Christmas Eve; I walked straight home—when I got home at 5.45 Ashton was mending his sister's pair of shoes—we did not go out till nine; he was playing a month organ; we had a jolly evening—we had supper about 8 p.m. I should think; we had some fish—I am sure Ashton was there at supper—his brother was not there—he remained in the same room the</p>
<xptr type="pageFacsimile" doc="189602030020"/>
<p>whole time from 5.45 to nine; I am positive he never went outside the dloor—he and I went for a walk alone at nine o'clock.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I am a cigar-maker—Ashton has been at work decorating with his father at the Britannia—he was not at work at this time—no one asked me if I remembered what occurred on this night, or to give evidence—I thought I had a right to give evidence, as I knew he was at home that evening—he never called my attention to the time on the Christmas Eve.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-95" type="witnessName">
<interp inst="t18960203-name-95" type="gender" value="female"/>
<interp inst="t18960203-name-95" type="surname" value="ARNOLD"/>
<interp inst="t18960203-name-95" type="given" value="ELIZABETH"/>ELIZABETH ARNOLD</persName> </hi>. I am no relation to Ashton—I occupy the two back parlours of the house in which his parents live—I am housekeeper to a gentleman at the Shepperton Road—I was at home all Christmas Eve making things comfortable for my family for Christmas Day—I went down several times in the evening to get water—about 8.50 or 8.55 I saw Ashton going out with a man; I spoke to him.</p>
<hi rend="italic">Cross-examined.</hi> I don't know if Miss Perron comes frequently to the house; I don't know who comes—Ashton is her young man—she generally calls at the house about 6.30, when she has done business, as far as I know—I believe Ashton does not live at Shepperton Road, but he was there on Christmas Eve—Miss Perron arrived about 6.30—I was called downstairs by Ashton's mother to have a glass.</p>
<hi rend="italic">Re-examined.</hi> Ashton was in the house in the afternoon; I heard them laughing when Miss Perron came in—I had seen him in the house about three o'clock; that was the only time I can speak to till Miss Perron came, as far as I know—it is no business of mine to notice when she comes in or out; sometimes she is earlier and sometimes later; I think she generally comes in about 6.30—she might have come in earlier or later that evening.</p>
<hi rend="italic">Witnesses for Driscoll.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-96" type="witnessName">
<interp inst="t18960203-name-96" type="gender" value="female"/>
<interp inst="t18960203-name-96" type="surname" value="DRISCOLL"/>
<interp inst="t18960203-name-96" type="given" value="CAROLINE"/>CAROLINE DRISCOLL</persName> </hi>. I live at 7, Barrett's Buildings, Hoxton—the prisoner, my son, lives with me—he was at home on Christmas Eve from three o'clock until seven; he helped me to stone the plums for the Christmas pudding—about seven o'clock I went with him to the King's Arms, which is opposite—his brother, Harry Driscoll, took us there with Alice Adams, a great friend of mine—we stopped at the King's Arms till ten; Harry left at nine; but Walter stopped with me—Sergeant Smith looked in the public-house between 8.30 and nine.</p>
<hi rend="italic">Cross-examined.</hi> Driscoll was not outside my door between three and seven, he was stoning three pounds of plums—we had tea at 4.30—Miss Adams came about 5.30—between three and seven I chopped my suet, washed the currants, and made my puddings, after he had stoned the plums—he helped me before tea—we occupy two rooms—at six o'clock he was with me; we were talking—the plums were stoned then—and he had a free hour between six and seven.</p>
<hi rend="italic">Re-examined.</hi> He did not go out—my lady friend fetched a pint of ale and we sat there and drank it; he as well.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. Driscoll, another son, and two small boys live in my house—I am a widow—no one came and asked me if my son was at home at that time—I went to the Police-court; the prisoner never asked me about it; I knew the three of us were there.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-97" type="witnessName">
<interp inst="t18960203-name-97" type="gender" value="male"/>
<interp inst="t18960203-name-97" type="surname" value="SMITH"/>
<interp inst="t18960203-name-97" type="given" value="JAMES"/>JAMES SMITH</persName> </hi> (
<hi rend="italic">Re-examined by the</hi>
<hi rend="smallCaps">COURT</hi>). Shepperton Road is about 200 yards from St. Paul's Street—from Barrett's Buildings to the prose
<xptr type="pageFacsimile" doc="189602030021"/>
<p>house is ten to twelve minutes' comfortable walk, I should think.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-98" type="witnessName">
<interp inst="t18960203-name-98" type="gender" value="female"/>
<interp inst="t18960203-name-98" type="surname" value="ADAMS"/>
<interp inst="t18960203-name-98" type="given" value="ALICE"/>ALICE ADAMS</persName> </hi>. I live at 72, Grange Street, Hoxton, and am a brace-maker—I am single—I went to Mrs. Driscoll's about 5.30 on Christmas Eve—Walter Driscoll and his mother were there—no one else came in till seven—between 5.30 and seven Driscoll did not go out at all—at seven o'clock Harry Driscoll came in, and then we all went across to the King's Arms, where I, Walter, and his mother stayed till ten.</p>
<hi rend="italic">Cross-examined.</hi> I am a friend of Mrs. Driscoll, my mother was her neighbour—they had just had tea when I got there—after tea he washed and sat down talking till seven—I am no friend of his—we had no drink there till after we came home, after ten—I took no drink there that night; I may have before—I did not fetch any for Mrs. Driscoll that night, I am sure.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-99" type="witnessName">
<interp inst="t18960203-name-99" type="gender" value="male"/>
<interp inst="t18960203-name-99" type="surname" value="DRISCOLL"/>
<interp inst="t18960203-name-99" type="given" value="HARRY"/>HARRY DRISCOLL</persName> </hi>. I live at 7, Barrett's Buildings, and am the prisoner's brother—he has an elder brother Edward—he does not live at home—I am a stoker, and work at a glass-blower's—on Christmas Eve I left home at five to go to work, leaving my brother at home—I returned about seven and found my brother there—I went to the King's Arms with my brother and mother and Miss Adams—I asked them to go.</p>
<hi rend="italic">Cross-examined.</hi> I was not at home between six and seven—when I got up, between 4.30 and five, Walter had been helping mother to stone plums, and we all three had tea—I went straight to work at Lewis and Trower's; we were going to work all the holidays, but the metal was not ready—Miss Adams was there at seven when I got home—I was not there when she arrived—I came back about seven to make supper-time of it as the glass was not properly hot, and we could not work—I went back to work about nine.</p>
<hi rend="italic">Evidence in reply.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-100" type="witnessName">
<interp inst="t18960203-name-100" type="gender" value="female"/>
<interp inst="t18960203-name-100" type="surname" value="KEDGLEY"/>
<interp inst="t18960203-name-100" type="given" value="MARGARET"/>MARGARET KEDGLEY</persName> </hi>. I am married—James Ashton lodged in my house from about November 9th until December 27th or 28th—on Christmas Eve he came in at five and asked to see my husband, as he wanted to borrow 1s.—my husband was not in—Ashton sat down and waited for him a little while—I asked him to have a cup of tea, but he declined—he left about 5.30—I told him he had better call again, and he said he would, but he did not come again that night.</p>
<hi rend="italic">Cross-examined.</hi> Shepperton Road is not more than five or ten minutes walk from my house—I know it was five when he called, because of having tea ready for my husband; and it was 5.30, or a little later, when he left; before six—he did not sleep at my house the night before Christmas Eve.</p>
<hi rend="italic">Witness for Ashton.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-101" type="witnessName">
<interp inst="t18960203-name-101" type="gender" value="female"/>
<interp inst="t18960203-name-101" type="surname" value="ASHTON"/>
<interp inst="t18960203-name-101" type="given" value="CAROLINE"/>CAROLINE ASHTON</persName> </hi>. I am the prisoner's mother—he slept at home on the Monday night before Christmas—I knew he lodged at Mrs. Kedgley's but he did not go home to his lodgings when he was late—he got up on Christmas Eve about nine, and never went outside the door till past nine at night—I was in and out of the house all day except when I went to do a little marketing between four and five—I had to get home before six because my husband was at work at the Britannia, and his tea had to be ready by six—my son was there when I went out and when I came</p>
<xptr type="pageFacsimile" doc="189602030022"/>
<p>in—Miss Perron came about a quarter to six, she generally comes just before six—my son was in when she came.</p>
<hi rend="smallCaps">MRS. DRISCOLL</hi> (
<hi rend="italic">Re-examined by the</hi>
<hi rend="smallCaps">COURT</hi>). My son has been hawking oranges and lemons in the street.</p>
<hi rend="italic">Five other convictions were proved against Driscoll.</hi> </p>
<rs id="t18960203-199-verdict-1" type="verdictDescription">
<interp inst="t18960203-199-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-199-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>.—
<hi rend="largeCaps">ASHTON</hi>
<rs id="t18960203-199-punishment-21" type="punishmentDescription">
<interp inst="t18960203-199-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-199-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-199-18960203 t18960203-199-punishment-21"/>
<hi rend="italic">Fifteen Months.</hi> </rs>
<hi rend="largeCaps">DRISCOLL</hi>
<rs id="t18960203-199-punishment-22" type="punishmentDescription">
<interp inst="t18960203-199-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-199-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-199-18960203 t18960203-199-punishment-22"/>
<hi rend="italic">Eighteen Months.</hi> </rs> (
<hi rend="italic">See New Court, Friday.</hi>)</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, February</hi> 4
<hi rend="italic">th</hi>, 1896.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<persName id="def1-200-18960203" type="defendantName">
<interp inst="def1-200-18960203" type="gender" value="male"/>
<interp inst="def1-200-18960203" type="age" value="20"/>
<interp inst="def1-200-18960203" type="surname" value="BARRY"/>
<interp inst="def1-200-18960203" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS BARRY</hi> (20)</persName>,
<hi rend="smallCaps">
<rs id="t18960203-200-verdict-1" type="verdictDescription">
<interp inst="t18960203-200-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-200-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18960203-200-offence-1" type="offenceDescription">
<interp inst="t18960203-200-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18960203-200-offence-1" type="offenceSubcategory" value="other"/> to unlawfully endeavouring to procure the commission of acts of indecency.—</rs>
<hi rend="italic">
<rs id="t18960203-200-punishment-23" type="punishmentDescription">
<interp inst="t18960203-200-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-200-punishment-23" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-200-18960203 t18960203-200-punishment-23"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
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<interp inst="t18960203-201" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-201-charge-1" targOrder="Y" targets="def1-201-18960203 t18960203-201-offence-1 t18960203-201-verdict-1"/>
<persName id="def1-201-18960203" type="defendantName">
<interp inst="def1-201-18960203" type="gender" value="male"/>
<interp inst="def1-201-18960203" type="age" value="22"/>
<interp inst="def1-201-18960203" type="surname" value="GOSLING"/>
<interp inst="def1-201-18960203" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM GOSLING</hi> (22)</persName>
<rs id="t18960203-201-offence-1" type="offenceDescription">
<interp inst="t18960203-201-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18960203-201-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18960203-name-104" type="victimName">
<interp inst="t18960203-name-104" type="gender" value="male"/>
<interp inst="t18960203-name-104" type="surname" value="NEWMAN"/>
<interp inst="t18960203-name-104" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-201-offence-1 t18960203-name-104"/>Charles Newman</persName>, with intent lo do him grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. LYNE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-105" type="witnessName">
<interp inst="t18960203-name-105" type="gender" value="male"/>
<interp inst="t18960203-name-105" type="surname" value="WILLIAMS"/>
<interp inst="t18960203-name-105" type="given" value="ALFRED"/>ALFRED WILLIAMS</persName> </hi>. I live at 13, Wilmington Place—on the night of January 15th I saw a fight; I saw the prisoner with a knife in his hand run after another man, overtake him, and cut his throat with a knife; he fell; I knew him before—the police went after the prisoner, and brought him out of a public-house.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-106" type="witnessName">
<interp inst="t18960203-name-106" type="gender" value="male"/>
<interp inst="t18960203-name-106" type="surname" value="NEWMAN"/>
<interp inst="t18960203-name-106" type="given" value="CHARLES"/>CHARLES NEWMAN</persName> </hi>. I live at 21, Verulam Street, Gray's Inn Road—on January 15th, about 11.30 p.m., I was in a public house, and saw the prisoner there—we had a fight about ten yards from the public-house, and after that I went away for some time—I was afterwards stabbed in the neck, I do not know by whom, and taken to the hospital, where I remained eight days—I am all right now—I was also injured on my leg with a knife.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-107" type="witnessName">
<interp inst="t18960203-name-107" type="gender" value="male"/>
<interp inst="t18960203-name-107" type="surname" value="MASTROCOLA"/>
<interp inst="t18960203-name-107" type="given" value="ANTONIO"/>ANTONIO MASTROCOLA</persName> </hi>. I sell ices in the street—I am an Italian, and live in Great Bath Street—on January 15th I was in a public-house, and saw a fight between the prisoner and the prosecutor; they fought again outside, in Clerkenwell Road, and both fell—the prosecutor went across the road, and the prisoner after him, with an open white-handled clasp-knife in his hand—two of his friends tried to hold him back—it was then about 11.40—I did not see what he did with the knife, but I saw the prosecutor afterwards with his throat cut.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-108" type="witnessName">
<interp inst="t18960203-name-108" type="gender" value="male"/>
<interp inst="t18960203-name-108" type="surname" value="BUTLER"/>
<interp inst="t18960203-name-108" type="given" value="THOMAS HARRISON"/>THOMAS HARRISON BUTLER</persName> </hi>. I am medical officer at the Royal Free Hospital, Gray's Inn Road—on the night of January 15th the prosecutor was brought in with a wound on the right side of his neck, about three-quarters of an inch long; it consisted of two parts, separated by a small piece of flesh—the back part was over an inch deep, and some important nerves were severed—it went within a quarter of an inch of the carotid artery, and if that had been severed he would have died—this is not the kind of knife I should expect to do it—it healed at once; he was dis-charged in eight days, but he is still an out-patient.</p>
<hi rend="smallCaps">A. MASTROCOLA</hi> (
<hi rend="italic">Re-examined</hi>). This is not the kind of knife the pri
<lb/>soner had in his hand—it was not a pocket penknife; it was a sailor's knife.</p>
<xptr type="pageFacsimile" doc="189602030023"/>
<hi rend="smallCaps">
<persName id="t18960203-name-109" type="witnessName">
<interp inst="t18960203-name-109" type="gender" value="male"/>
<interp inst="t18960203-name-109" type="surname" value="STEPHENS"/>
<interp inst="t18960203-name-109" type="given" value="JAMES"/>JAMES STEPHENS</persName> </hi> (
<hi rend="italic">Police Inspector G</hi>). On the night of January 15th I took the prisoner in the Griffin public-house, Clerkenwell Road—he said, "You have made a mistake"—I took him to the station; he was charged, and made no reply—I found this knife in his waistcoat pocket; there was no blood on it, but there was a spot of blood on his waistcoat and another on his right hand—I searched the neighbourhood and found no knife, but some little time had elapsed before I arrested him, which was 300 or 400 yards from where the fight was; I found the man bleed
<lb/>ing and took him to the hospital, and then went to the Griffin and found the prisoner there.</p>
<hi rend="smallCaps">A. WILLIAMS</hi> (
<hi rend="italic">Re-examined</hi>). I have known the prisoner a long time, a year, by the name of Carroll, and I knew the injured man; they live in Clerkenwell Road.</p>
<hi rend="italic">Prisoner's Defence.</hi> I was in the public-house and had a fight with the man, but as to stabbing him I did not; he went away, and I went into the public-house.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-110" type="witnessName">
<interp inst="t18960203-name-110" type="gender" value="male"/>
<interp inst="t18960203-name-110" type="surname" value="STEPHENS"/>
<interp inst="t18960203-name-110" type="given" value="JAMES"/>JAMES STEPHENS</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I arrested him—he was turned out of one public house just before eleven o'clock, and I arrested him at another public house at 11.30—it was 11.25 when I found the man bleeding, and as soon as he had gone to the hospital I went in search of the prisoner—I did not go to the hospital, I sent a constable.</p>
<hi rend="smallCaps">A. WILLIAMS</hi> (
<hi rend="italic">Re-examined</hi>). They had not both Tnives, only the prisoner—this is not the knife I saw him with—I saw him cut the prose
<lb/>cutor's throat.</p>
<hi rend="smallCaps">T. H. BUTLER</hi> (
<hi rend="italic">Re-examined</hi>). I cannot say whether there is blood on the knife or not—if I was shown a dirty old waistcoat, and saw a stain on it, I could not say whether it was blood.</p>
<rs id="t18960203-201-verdict-1" type="verdictDescription">
<interp inst="t18960203-201-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-201-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of unlawfully wounding.</hi> </rs>
<hi rend="italic"> He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a con
<lb/>viction at Clerkenwell on June</hi> 19
<hi rend="italic">th</hi>, 1895,
<hi rend="italic">and ten other convictions were proved against him, some of which were in the name of
<persName id="t18960203-name-111">
<interp inst="t18960203-name-111" type="gender" value="indeterminate"/>
<rs id="t18960203-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="t18960203-name-111 t18960203-alias-1"/>Carroll</rs> </persName>.—
<rs id="t18960203-201-punishment-24" type="punishmentDescription">
<interp inst="t18960203-201-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-201-punishment-24" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-201-18960203 t18960203-201-punishment-24"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18960203-202">
<interp inst="t18960203-202" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-202" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-202-charge-1" targOrder="Y" targets="def1-202-18960203 t18960203-202-offence-1 t18960203-202-verdict-1"/>
<persName id="def1-202-18960203" type="defendantName">
<interp inst="def1-202-18960203" type="gender" value="male"/>
<interp inst="def1-202-18960203" type="age" value="35"/>
<interp inst="def1-202-18960203" type="surname" value="NEWTON"/>
<interp inst="def1-202-18960203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN NEWTON</hi> (35)</persName>
<rs id="t18960203-202-offence-1" type="offenceDescription">
<interp inst="t18960203-202-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-202-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18960203-name-113" type="victimName">
<interp inst="t18960203-name-113" type="gender" value="male"/>
<interp inst="t18960203-name-113" type="surname" value="SOLOMON"/>
<interp inst="t18960203-name-113" type="given" value="JACOB"/>
<interp inst="t18960203-name-113" type="occupation" value="cabinet maker"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-202-offence-1 t18960203-name-113"/>Jacob Solomon</persName>, with intent to steal.</rs> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-114" type="witnessName">
<interp inst="t18960203-name-114" type="gender" value="male"/>
<interp inst="t18960203-name-114" type="surname" value="SOLOMON"/>
<interp inst="t18960203-name-114" type="given" value="JACOB"/>JACOB SOLOMON</persName> </hi>. I am a cabinet maker, of 4, Colt Street. On Satur
<lb/>day evening, January 25th, as I left my house, I saw the prisoner just in front of it, on the pavement—he said to me, "Can you tell me the way to Whitechapel?"—I did not answer—he said, "I am a stranger here"—I said, "If you go up to the top, you will find Whitechapel"—I went to my business, and at seven o'clock I saw him near the station, and took notice of him—I fastened my place up at 8.30—there was nobody there but a lodger on the second floor—I went to a party with my wife, and returned at a quarter to three and found the police in possession, the window open, and the curtains drawn back, and clothing of mine taken out of the drawers and thrown on the ground—I went to the station, and identified the prisoner as the man who asked the way to Whitechapel.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I am sure you are the man—I took good notice of you because somebody broke into my place three months ago and stole £25.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-115" type="witnessName">
<interp inst="t18960203-name-115" type="gender" value="female"/>
<interp inst="t18960203-name-115" type="surname" value="COTTICE"/>
<interp inst="t18960203-name-115" type="given" value="FRANCES"/>FRANCES COTTICE</persName> </hi>. I am the wife of George Cottice, of 191, Corfield</p>
<xptr type="pageFacsimile" doc="189602030024"/>
<p>Street—on Saturday evening, January 25th, I was standing at No. 1, Colt Street, which is exactly opposite No. 4, and saw a man jump out of the ground floor window on to the pavement, and run away—I called "Stop thief!" and a constable brought him back in about two minutes—no one else was at that end of Colt Street.</p>
<hi rend="italic">Cross-examined.</hi> My father, my husband, and I, did not say, "That is not the man"—I do not absolutely identify you.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-116" type="witnessName">
<interp inst="t18960203-name-116" type="gender" value="male"/>
<interp inst="t18960203-name-116" type="surname" value="NATULSKI"/>
<interp inst="t18960203-name-116" type="given" value="PHILIP"/>PHILIP NATULSKI</persName> </hi>. I am a boot-clincher—on the night of January 25th I was in Colt Street, and saw a man running—I ran after him, but could not catch him—there were cries of "Stop thief!" and in a minute or two the prisoner was brought back in custody—I am not certain he is the man I was running after—I lost sight of him where Buxton Street runs into Colt Street.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-117" type="witnessName">
<interp inst="t18960203-name-117" type="gender" value="male"/>
<interp inst="t18960203-name-117" type="surname" value="CLARK"/>
<interp inst="t18960203-name-117" type="given" value="WILLIAM"/>WILLIAM CLARK</persName> </hi> (279
<hi rend="italic">H</hi>). On the night of January 25th I was in Buxton Street about 12.25 and heard a woman shout, "Stop him!"—I saw the prisoner running from Colt Street, which turns out of Buxton Street—I ran him through several streets, and when I got close to him he turned suddenly and butted me with his head in my stomach; I seized him but did not speak to him—he said, "I am going home, governor; I am not the man"—I told him he must come back to Colt Street—he said, "I shan't; I am going to supper at my brother's, in Eyre Street," which is in the neighbourhood—I took him to the station, and then returned and found the prosecutor's window broken open—an entrance had been effected by forcing the parlour window; the catch was forced off—I found four matches there of a peculiar kind, red, and this box of matches of a similar kind were found in the prisoner's right trousers' pocket—he was charged with burglary, and he said, "I am an innocent man; I was going to my brother's to supper in Eyre Street; I had just come from the Flower Pot public house at the corner of Brick Lane"—that is a quarter of a mile from where I saw him running—from the place where he butted me in my stomach it would take him five minutes to get to the Flower Pot—I asked him what number in Eyre Street his brother lived at—he said he could not give the number—he gave as his address 63, Gibraltar Walk, Bethnal Green; I inquired there and found that his mother lived there, but he did not—I have inquired and found that he has no brother living in Eyre Street—the prosecutor gave me this chisel as found on the premises; I handed it to the sergeant.</p>
<hi rend="italic">Cross-examined.</hi> The matches found on you were not black ones, I have not changed them for matches of the same colour as these.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-118" type="witnessName">
<interp inst="t18960203-name-118" type="gender" value="male"/>
<interp inst="t18960203-name-118" type="surname" value="TURNER"/>
<interp inst="t18960203-name-118" type="given" value="DAVID"/>DAVID TURNER</persName> </hi> (
<hi rend="italic">Police-Sergeant</hi> 21
<hi rend="italic">H</hi>). On January 25th, about 12.45 a.m., I heard a cry of "Stop thief!" and saw a man in dark clothes and a hard felt hat run out of Colt Street into Buxton Street—Clark took up the chase and brought the prisoner back within a minute—I went to 4, Colt Street, and found the window had been forced; this is the catch—this chisel corresponds with the marks on the window-ledge—the prisoner wore a hard felt hat and dark clothes.</p>
<hi rend="italic">Prisoner's defence.</hi> The witnesses have been making up a false charge against me. I am innocent.</p>
<hi rend="smallCaps">
<rs id="t18960203-202-verdict-1" type="verdictDescription">
<interp inst="t18960203-202-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-202-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He then</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction on July</hi> 2
<hi rend="italic">nd</hi>, 1888,
<hi rend="italic">and seven ether convictions were proved against him.—
<rs id="t18960203-202-punishment-25" type="punishmentDescription">
<interp inst="t18960203-202-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-202-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-202-18960203 t18960203-202-punishment-25"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18960203-203">
<interp inst="t18960203-203" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-203" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-203-charge-1" targOrder="Y" targets="def1-203-18960203 t18960203-203-offence-1 t18960203-203-verdict-1"/>
<join result="criminalCharge" id="t18960203-203-charge-2" targOrder="Y" targets="def2-203-18960203 t18960203-203-offence-1 t18960203-203-verdict-2"/>
<xptr type="pageFacsimile" doc="189602030025"/>
<persName id="def1-203-18960203" type="defendantName">
<interp inst="def1-203-18960203" type="gender" value="male"/>
<interp inst="def1-203-18960203" type="age" value="23"/>
<interp inst="def1-203-18960203" type="surname" value="SMITH"/>
<interp inst="def1-203-18960203" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS SMITH</hi> (23)</persName>, and
<persName id="def2-203-18960203" type="defendantName">
<interp inst="def2-203-18960203" type="gender" value="male"/>
<interp inst="def2-203-18960203" type="age" value="20"/>
<interp inst="def2-203-18960203" type="surname" value="DONOVAN"/>
<interp inst="def2-203-18960203" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL DONOVAN</hi> (20)</persName>
<rs id="t18960203-203-offence-1" type="offenceDescription">
<interp inst="t18960203-203-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18960203-203-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18960203-name-121" type="victimName">
<interp inst="t18960203-name-121" type="gender" value="male"/>
<interp inst="t18960203-name-121" type="surname" value="COHEN"/>
<interp inst="t18960203-name-121" type="given" value="SOLOMON"/>
<interp inst="t18960203-name-121" type="occupation" value="57, Bow Lane, Poplar"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-203-offence-1 t18960203-name-121"/>Solomon Cohen</persName>, and stealing his watch and chain and 2s., his property.</rs> </p>
<hi rend="smallCaps">MR. A. E. LYONS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-122" type="witnessName">
<interp inst="t18960203-name-122" type="gender" value="male"/>
<interp inst="t18960203-name-122" type="surname" value="COHEN"/>
<interp inst="t18960203-name-122" type="given" value="SOLOMON"/>SOLOMON COHEN</persName> </hi>. I live at 57, Bow Lane, Poplar—on January 15th I went into a public-house with a friend between eleven and twelve—I had two watches, a chain, 2s., and a few coppers with me—I put the watches in my trousers' pocket in the public-house—I saw Smith and about five other men in the public-house—I did not notice Donovan—I left the public-house about 12.10, and was in the West India Dock Road, and about five men came up to me; Smith took me by the neck—he and another stopped me—I was struck, and got a black eye; I did not see who did that—my watches were taken from my trousers' pocket, and 2s., and a few coppers—I called, "Police!" and about ten minutes after
<lb/>wards they came—this is one of the watches; I have not seen the other, nor the chain—they were silver—the second man was a little taller than Smith—I cannot say if Donovan is the man—I am sure of Smith—my hand was injured, and swelled up very much—I don't know how that was done—I had marks on my throat, which was hurt—I had to lay up for a few days, and could not work because of my hand—my right ear was black and blue.</p>
<hi rend="italic">Cross-examined by Smith.</hi> When I came out of the public-house you were standing on the left side, and another man on the right, and you caught hold of my throat—you were the chief manager of the lot; you went out of the public-house first—you were in front of me at first—I did not feel hurt the first day, but the next I could not get up in the morning.</p>
<hi rend="italic">Cross-examined by Donovan.</hi> I stood by the counter in the public-house and drank my beer, I was frightened to turn round—I did not turn to see if you were among the five or six men—my friend was struck.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-123" type="witnessName">
<interp inst="t18960203-name-123" type="gender" value="male"/>
<interp inst="t18960203-name-123" type="surname" value="RUSSELL"/>
<interp inst="t18960203-name-123" type="given" value="WILLIAM"/>WILLIAM RUSSELL</persName> </hi>. I live at 24, West India Dock Road, and am a bar-man at the Coach and Horses beer-shop, West India Dock Road—on 15th January, between ten and eleven, I saw the prosecutor in there with another man—he left between ten and eleven—between eleven and twelve I walked outside the door, and saw a scuffle in the road—I did not go to look at it till I heard the prosecutor's voice, and then I went and' heard him say, "My two watches, my two watches"—he had hold of Smith by the chest, who struck him in his eye, I think—I did not see Donovan—another pub
<lb/>lic-house is close to ours.</p>
<hi rend="italic">Cross-examined by Smith.</hi> You had not got hold of Cohen by the neck when I came up—I was there before the two policemen came up—I did not see Cohen strike you, he had hold of you by the chest—you were both standing up in the road—he said he had lost two watches—I cannot say with which hand you struck him—I did not see anything in your hands.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-124" type="witnessName">
<interp inst="t18960203-name-124" type="gender" value="male"/>
<interp inst="t18960203-name-124" type="surname" value="DAVIS"/>
<interp inst="t18960203-name-124" type="given" value="JAMES"/>JAMES DAVIS</persName> </hi> (223
<hi rend="italic">K</hi>). On 15th January I was on duty in the West India Road with Rose—I heard cries of police; we ran up—I saw the prosecutor struggling with Smith—forty or fifty people were round them—Donovan had hold of Cohen's collar at the back—I knew him before—when he saw me he rushed through the crowd, and I lost sight of him—I took Smith to the station—he struck Rose between the eyes with his right hand, and then threw something along the ground—I saw Rose</p>
<xptr type="pageFacsimile" doc="189602030026"/>
<p>pick up this watch, which Cohen afterwards identified—on January 16tb I was outside the Police-court where Smith was charged—I saw Dono-van there, and arrested and charged him—he only said, "All right, sir; I wish to have the landlord of the beer-house as a witness"—I said, "What house!"—he said, "The beer-house where the job happened"—I have known Donovan for the last two months by name—I am quite sure he is the man; I saw him holding Cohen, and who ran away.</p>
<hi rend="italic">Cross-examined by Smith.</hi> You had hold of Cohen somewhere about the throat; I cannot say with which hand—I did not see anything in either of your hands.</p>
<hi rend="italic">Cross-examined by Donovan.</hi> You had hold of the back of Cohen's neck outside the beer-house in the road—I did not follow you when you went into the crowd because Rose called out, and I thought he would be over-powered, and I ran to his assistance—I did not know Smith before.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-125" type="witnessName">
<interp inst="t18960203-name-125" type="gender" value="male"/>
<interp inst="t18960203-name-125" type="surname" value="ROSE"/>
<interp inst="t18960203-name-125" type="given" value="THOMAS"/>THOMAS ROSE</persName> </hi> (66
<hi rend="italic">K</hi>). I was in the West India Dock Road on January 15th with Davis—I heard cries of police, and went in the direction, and saw Smith struggling with Cohen; his left band was in Cohen's right trousers' pocket—he was striking him with his right hand, and holding this watch in that hand—he tried to get away—I said, "I am a police officer, give me that watch in your hand"—he said, "Yes, take it," and struck me between the eyes with the watch—we both fell; he under me—he shouted "Look out," and threw away the watch as he was lying on the ground, among the crowd—it struck the foot of a man, and I reached over and picked it up, holding the prisoner at the same time with another officer's, assistance—Smith was very violent—I took him to the station and charged him; he made no reply—I have not found the other watch and chain—I know Donovan, I do not identify him as being there; my time was fully occupied in securing Smith; directly I took him I was struck three times on my forehead by a fist, by some of the gang—my nose was cut open between the eyes—I did not go off duty.</p>
<hi rend="italic">Cross-examined by Smith.</hi> You held Cohen with your right hand, and had your left hand in his right trousers' pocket when I came up—you struck him with your right hand—you struggled on the ground—I believe you were being struck by a friend of Cohen's when I arrived—I and the other constable did not strike you at the station—I did not tell Cohen what to say.</p>
<hi rend="italic">Re-examined.</hi> Smith's eye was inflamed next morning—he fell to the ground, and so might have caused it—I was in plain clothes, and Cohen did not know I was a constable till I got to the station.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-126" type="witnessName">
<interp inst="t18960203-name-126" type="gender" value="male"/>
<interp inst="t18960203-name-126" type="surname" value="DAVIS"/>
<interp inst="t18960203-name-126" type="given" value="JOHN"/>JOHN DAVIS</persName> </hi> (
<hi rend="italic">Re-examined</hi>). Rose and I did not strike Smith; his eyes appeared that night to have been struck by some one, and next morning they were black.</p>
<hi rend="italic">Cross-examined by Smith.</hi> I and Rose did not
<hi rend="italic">pay</hi> you in the station archway—I did not say "If
<hi rend="italic">Mike</hi> was here, I would pay him the same."</p>
<hi rend="italic">Donovan called</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-127" type="witnessName">
<interp inst="t18960203-name-127" type="gender" value="male"/>
<interp inst="t18960203-name-127" type="surname" value="DEREHAM"/>
<interp inst="t18960203-name-127" type="given" value="FRANCIS CHARLES"/>FRANCIS CHARLES DEREHAM</persName> </hi>. I am a licensed beer retailer of the Alma Arms, 16, West India Dock Road—on the night of January 15th, about 9.30, Smith came in with three men, and a few minutes afterwards Donovan came in—they stayed till 11.30 drinking beer—in the mean-time Cohen came in with three friends and they called for drink—I saw</p>
<xptr type="pageFacsimile" doc="189602030027"/>
<p>Smith pointing to the chain Cohen was wearing—Cohen saw that and put the watches and the chain in his left trousers' pocket—I left the bar, and when I came back they had all gone—I know nothing of what took place outside—I left you in the bar when I went away—you are a customer—some men were not having a row with
<hi rend="italic">Ginger</hi>—I saw nothing occur in my house—you and the others were together in the same com
<hi rend="italic">Smith in his defence stated that when he came out of the public-house Cohen hit him on his mouth, and he hit Cohen, who said something about watches and then a plain-clothes constable seized him.</hi> </p>
<hi rend="largeCaps">SMITH</hi>
<hi rend="smallCaps">
<rs id="t18960203-203-verdict-1" type="verdictDescription">
<interp inst="t18960203-203-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-203-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">DONOVAN</hi>
<rs id="t18960203-203-verdict-2" type="verdictDescription">
<interp inst="t18960203-203-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-203-verdict-2" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of robbery</hi> </rs>.
<hi rend="italic">They then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to previous convictions, Smith at Newington on October</hi> 22
<hi rend="italic">nd</hi>, 1894,
<hi rend="italic">and Donovan on June</hi> 10
<hi rend="italic">th</hi>, 1894,
<hi rend="italic">at the Thames Police Court. Other convictions were proved against both prisoner, and some of Smith's companions are undergoing penal servitude.</hi>
<hi rend="largeCaps">SMITH</hi>
<rs id="t18960203-203-punishment-26" type="punishmentDescription">
<interp inst="t18960203-203-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-203-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-203-18960203 t18960203-203-punishment-26"/>
<hi rend="italic">five Fears' Penal Servitude.</hi> </rs>
<hi rend="largeCaps">DONOVAN</hi>
<hi rend="italic">
<rs id="t18960203-203-punishment-27" type="punishmentDescription">
<interp inst="t18960203-203-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-203-punishment-27" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-203-18960203 t18960203-203-punishment-27"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18960203-204">
<interp inst="t18960203-204" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-204" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-204-charge-1" targOrder="Y" targets="def1-204-18960203 t18960203-204-offence-1 t18960203-204-verdict-1"/>
<persName id="def1-204-18960203" type="defendantName">
<interp inst="def1-204-18960203" type="gender" value="male"/>
<interp inst="def1-204-18960203" type="age" value="26"/>
<interp inst="def1-204-18960203" type="surname" value="ELLIOTT"/>
<interp inst="def1-204-18960203" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES ELLIOTT</hi> (26)</persName>
<rs id="t18960203-204-offence-1" type="offenceDescription">
<interp inst="t18960203-204-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18960203-204-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing a case of buttons, the property of
<persName id="t18960203-name-129" type="victimName">
<interp inst="t18960203-name-129" type="gender" value="male"/>
<interp inst="t18960203-name-129" type="surname" value="BAKER"/>
<interp inst="t18960203-name-129" type="given" value="WALTER"/>
<interp inst="t18960203-name-129" type="occupation" value="3, Jewin Street"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-204-offence-1 t18960203-name-129"/>Walter Baker</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-130" type="witnessName">
<interp inst="t18960203-name-130" type="gender" value="male"/>
<interp inst="t18960203-name-130" type="surname" value="BAKER"/>
<interp inst="t18960203-name-130" type="given" value="WALTER"/>WALTER BAKER</persName> </hi>. I am a manufacturer of foreign goods at 3, Jewin Street—on January 9th, between seven and eight p.m., I was just inside the door of my warehouse, and heard a case shifted—there is a kind of lobby there—I opened the door, and saw the prisoner and another man carrying the case towards a barrow, which was at my door—they saw me and ran away—I followed the prisoner, caught him, and held him till the police came—I asked what he had done with my case—he said he did not know anything about a case—I gave him in custody—the case con
<lb/>tained buttons, value £25 or £30, it had been removed about five yards—I had seen it five or ten minutes before.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I told my clerk, but I did not go back into the warehouse to do so.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-131" type="witnessName">
<interp inst="t18960203-name-131" type="gender" value="female"/>
<interp inst="t18960203-name-131" type="surname" value="SHEERER"/>
<interp inst="t18960203-name-131" type="given" value="MARY ANN"/>MARY ANN SHEERER</persName> </hi>. I am married, and live at 3, Domingo Street, St. Luke's—on January 9th, at a little after six o'clock, the prisoner came and asked me to lend him a barrow to move some cases in the City—I lent him one, and afterwards saw it in the possession of the police—I did not know the prisoner before, but I have no doubt about him.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-132" type="witnessName">
<interp inst="t18960203-name-132" type="gender" value="male"/>
<interp inst="t18960203-name-132" type="surname" value="HARRIS"/>
<interp inst="t18960203-name-132" type="given" value="WILLIAM"/>WILLIAM HARRIS</persName> </hi> (166
<hi rend="italic">City</hi>). The prosecutor gave the prisoner into my custody on January 9th—I then went to Mr. Baker's place and saw the barrow in front of the door—I showed it to the last witness, and she identified the prisoner, who was by himself in a cell—I did not point him out as the man who was awaiting trial.</p>
<hi rend="italic">The prisoner's statement before the Magistrate:</hi> "I wish it settled here; I was asked to assist in putting it on the truck; the case was on the pavement, and two men asked me to take it to Button's, and I said I would, as I wanted a job."</p>
<hi rend="italic">The prisoner repeated the same statement in his defence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18960203-204-verdict-1" type="verdictDescription">
<interp inst="t18960203-204-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-204-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY**</hi>
<hi rend="italic">to a conviction of burglary at this Court on December</hi> 10th, 1888.—
<hi rend="italic">
<rs id="t18960203-204-punishment-28" type="punishmentDescription">
<interp inst="t18960203-204-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-204-punishment-28" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-204-18960203 t18960203-204-punishment-28"/>Twelve Months' Hard Labour</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="189602030028"/>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 5
<hi rend="italic">th</hi>, 1896.</p>
<hi rend="italic">Before Mr. Justice Lawrance.</hi> </p>
<div1 type="trialAccount" id="t18960203-205">
<interp inst="t18960203-205" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-205" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-205-charge-1" targOrder="Y" targets="def1-205-18960203 t18960203-205-offence-1 t18960203-205-verdict-1"/>
<join result="criminalCharge" id="t18960203-205-charge-2" targOrder="Y" targets="def2-205-18960203 t18960203-205-offence-1 t18960203-205-verdict-1"/>
<persName id="def1-205-18960203" type="defendantName">
<interp inst="def1-205-18960203" type="gender" value="male"/>
<interp inst="def1-205-18960203" type="surname" value="WOODHAM"/>
<interp inst="def1-205-18960203" type="given" value="AUGUSTUS"/>
<hi rend="largeCaps">AUGUSTUS WOODHAM</hi> </persName> and
<persName id="def2-205-18960203" type="defendantName">
<interp inst="def2-205-18960203" type="gender" value="female"/>
<interp inst="def2-205-18960203" type="surname" value="WOODHAM"/>
<interp inst="def2-205-18960203" type="given" value="NELLIE MARIA"/>
<hi rend="largeCaps">NELLIE MARIA WOOD
<lb/>HAM</hi> </persName>
<rs id="t18960203-205-offence-1" type="offenceDescription">
<interp inst="t18960203-205-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18960203-205-offence-1" type="offenceSubcategory" value="manslaughter"/> were charged, on the Coroner's Inquisition, with the manslaughter of
<persName id="t18960203-name-135" type="victimName">
<interp inst="t18960203-name-135" type="gender" value="male"/>
<interp inst="t18960203-name-135" type="surname" value="WOODHAM"/>
<interp inst="t18960203-name-135" type="given" value="HENRY AUGUSTUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-205-offence-1 t18960203-name-135"/>Henry Augustus Woodham</persName>.</rs> </p>
<hi rend="smallCaps">MR. HUTTON</hi>
<hi rend="italic">for the prosecutor offered no evidence, the Magistrate having dealt with the case when before him, and no bill having been preferred.</hi> </p>
<hi rend="smallCaps">
<rs id="t18960203-205-verdict-1" type="verdictDescription">
<interp inst="t18960203-205-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18960203-205-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>,</p> </div1>
<div1 type="trialAccount" id="t18960203-206">
<interp inst="t18960203-206" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-206" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-206-charge-1" targOrder="Y" targets="def1-206-18960203 t18960203-206-offence-1 t18960203-206-verdict-1"/>
<persName id="def1-206-18960203" type="defendantName">
<interp inst="def1-206-18960203" type="gender" value="male"/>
<interp inst="def1-206-18960203" type="age" value="37"/>
<interp inst="def1-206-18960203" type="surname" value="WHITE"/>
<interp inst="def1-206-18960203" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK WHITE</hi> (37)</persName> was indicted
<rs id="t18960203-206-offence-1" type="offenceDescription">
<interp inst="t18960203-206-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18960203-206-offence-1" type="offenceSubcategory" value="manslaughter"/> for the manslaughter of
<persName id="t18960203-name-137" type="victimName">
<interp inst="t18960203-name-137" type="gender" value="male"/>
<interp inst="t18960203-name-137" type="surname" value="FITT"/>
<interp inst="t18960203-name-137" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-206-offence-1 t18960203-name-137"/>James Fitt</persName>.</rs> </p>
<hi rend="smallCaps">MR. HORACE AVORY</hi>
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. E. PERCIVAL CLARKE</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-138" type="witnessName">
<interp inst="t18960203-name-138" type="gender" value="male"/>
<interp inst="t18960203-name-138" type="surname" value="EADY"/>
<interp inst="t18960203-name-138" type="given" value="AMOS"/>AMOS EADY</persName> </hi> (167
<hi rend="italic">H.</hi>) On December 14th, about half past twelve, I was on duty near the public-house—I saw three men come out of the house—the prisoner was one of them and the deceased was another—when they had got about thirty yards from the public-house they commenced an altercation together, and then they began struggling—while they were struggling I noticed a pipe fall, I could not see from whom, it was a dark-coloured pipe; it appeared to be a wooden one, or a composition; it was a whole pipe, not merely the bowl—the prisoner picked it up with his right hand and put it in his pocket—I heard him say, "What have you been treating those strangers for, you have twenty-five or thirty shillings that belongs to me and I mean to have it"—I asked them to leave off; they left off, and came down Shoreditch towards Bethnal Green Road—I followed them as far as Calvert Street, when they again com
<lb/>menced struggling—I went up to them and told them to leave off; they did so, and the three men came on down Shoreditch together towards Bethnal Green Road; I followed them as far as the London Music Hall—I made a statement to Mitchell, a constable there, and then returned to my own position—I had known the prisoner and the deceased by sight before—when they came out of the public-house the deceased was very drunk, and the prisoner was the worse for drink—about I a.m. I came off point duty, and went in the direction of Bethnal Green Road. I there saw a crowd of people, and saw the prisoner detained by Sergeant Darnell; I stated to him what I had pre
<lb/>viously seen, and the prisoner was taken into custody.</p>
<hi rend="italic">Cross-examined.</hi> After I told them to leave off they walked quietly away in the direction they were going—the London Music Hall is about 200 yards from the corner of Church Street—I lost sight of them at the music hall.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-139" type="witnessName">
<interp inst="t18960203-name-139" type="gender" value="male"/>
<interp inst="t18960203-name-139" type="surname" value="MITCHELL"/>
<interp inst="t18960203-name-139" type="given" value="HENRY"/>HENRY MITCHELL</persName> </hi> (73
<hi rend="italic">H.</hi>) On Saturday, December 14th, I was on duty in High Street, Shoreditch. About a quarter to one, in the morning I saw two men and the prisoner coming along Shoreditch from the church towards Church Street, the worse for drink—the deceased was the first,—Eady was following them—he spoke to me, and I watched them for about fifty yards—they passed H 422 (Phillips) on the way—they were apparently quarrelling—the prisoner said, "You know you have got the b—money, and you won't turn it up"—after they passed Phillips I stopped, I did not keep them in view; I looked round again in the direc
<xptr type="pageFacsimile" doc="189602030029"/>
<p>and saw the deceased on the ground at the corner of Church Street—I hurried up to the spot, Phillips was there then—the prisoner assisted the deceased up, I and the third man assisted—Phillips asked the deceased if he would charge the prisoner—he replied, "No, we are all
<hi rend="italic">pals</hi>, and have been drinking together"—the prisoner said, "I know the man; I know where he lives, I will see him home"—they went away towards Bethnal Green Road—I knew the three men by sight—I had seen them together before on several occasions.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-140" type="witnessName">
<interp inst="t18960203-name-140" type="gender" value="male"/>
<interp inst="t18960203-name-140" type="surname" value="PHILLIPS"/>
<interp inst="t18960203-name-140" type="given" value="JOSEPH"/>JOSEPH PHILLIPS</persName> </hi> (422
<hi rend="italic">H</hi>). On the morning of December 14th, about a quarter to one, I was on duty in High Street, Shoreditch; I saw the prisoner and another man at the corner of Church Street quarrelling as to money matters—I saw the prisoner strike the deceased a violent blow on the left side of the face—directly after I noticed a slight trickling of blood down the left side of the nose—I did not see any mark above the eyebrow—I went up to the deceased; he had fallen on his back—I said to him, "Do you know this man that has knocked you down?"—he said, "Yes, we have all been drinking together"—I asked him whether he would charge him—he said, "No"—the third man was there at the time—the deceased was able to get up by himself—the prisoner came on his left side, and the man on the other side said, "It is all right, we will take him away"—they went towards Bethnal Green Road, and I lost sight of them for two or three minutes—the deceased was going on arm in arm with the others—I afterwards saw the ambulance going towards Bethnal Green Road—afterwards I ascertained what had taken place there; I went back to the place where I had seen the man knocked down, at the corner of Church Street—I examined the spot; I saw a small pool of blood, about the size of a two-shilling piece.</p>
<hi rend="italic">Cross-examined.</hi> I was examined before the Magistrate, and also before the Coroner, I mentioned before the Coroner that after the deceased had been knocked down I saw blood trickling from his eye. I did not mention it before the Magistrate; it is in print now in the
<hi rend="italic">Morning Advertiser</hi>; my inspector will show it you—he has not been speaking to me since the last trial—I said at the last Session that that was the first time I had mentioned the blood in the eye—I said last Session that I did not mention it before the Magistrate.</p>
<hi rend="italic">Cross-examined.</hi> When I came up first the prisoner tried to run away—I did not suggest that the injury that caused his death had occurred after he had passed Church Street.</p>
<hi rend="italic">Re-examined.</hi> It was not at the corner of Church Street that the prisoner tried to run away, it was on the second occasion, and he was brought back by 201—I suggested that the prisoner's coat should be examined, and there were stains of blood on the sleeve of the coat he was wearing—I was not asked about that before the Magistrate, I mentioned it before the Coroner.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-141" type="witnessName">
<interp inst="t18960203-name-141" type="gender" value="male"/>
<interp inst="t18960203-name-141" type="surname" value="DARNELL"/>
<interp inst="t18960203-name-141" type="given" value="WILLIAM"/>WILLIAM DARNELL</persName> </hi> (
<hi rend="italic">Sergeant</hi> 3
<hi rend="italic">H</hi>). On Saturday, December 14th, about 12.55 a.m., I was in High Street, Shoreditch—I saw three men oppo
<lb/>site 3, Bethnal Green Road—the one who was lying on the footway was James Fitt—the prisoner was standing near—I do not know the other man—I saw the prisoner stoop and place his arms round the deceased and try to get him upon his feet—I said to the prisoner, "What is the matter with this man?"—he said, "Not much, we have been having a</p>
<xptr type="pageFacsimile" doc="189602030030"/>
<p>glass together, and I want to get him home"—I looked at the deceased on the pavement and saw he was unconscious—I saw a little blood trickling from the corner of his left eye—I sent the policeman who had accompanied me to the spot for the ambulance when I saw the man was unconscious—I asked the prisoner how the man came by his injury—he replied, "I want to take him home"—I asked him if he knew who he was—he said, "No, he is a stranger to me"—I said I should not allow him to be taken away until seen by a doctor—I asked the prisoner for his own name and address—he said, "What for?" and turned and walked away—the other man, who took no part, walked away with the prisoner—when the constables Bridle and Hopkins arrived I directed Bridle to follow the prisoner and bring him back—when he brought him back I told him I was not satisfied about the matter, and he had better come to the station to the inspector—the prisoner said, "No, take the man to the hospital"—by this time the ambulance was coming—Phillips came up just after the prisoner was brought back and made a statement to me—the deceased was placed upon the ambulance and taken to Com
<lb/>mercial Street Station, where he was seen by Dr. Cameron—he was then taken to the London Hospital—I accompanied him—he was seen by a student, Mr. King, I think—he was quite unconscious on the way, but at the hospital he said, "I want to go to the closet," or "Let me go to the closet."</p>
<hi rend="italic">Cross-examined.</hi> The prisoner's answer to my inquiry whether he knew who the deceased was, was not" We are both pals," nor when I asked for his address did he say, "Why should I tell you?"—Bridle was not present all the time; I do not think he was when I asked the prisoner how the deceased came by his injuries; I am not positive—the distance from the corner of Church Street to the spot where I found the deceased is 112 yards.</p>
<hi rend="largeCaps">ROBERT BRIDLE</hi> (201
<hi rend="italic">H</hi>). I followed the prisoner by direction, and brought him back—on the way he said he had had enough of him all the evening, meaning the deceased.</p>
<hi rend="italic">Cross-examined.</hi> I came up, and found the sergeant with the deceased—the prisoner and another man were standing by—the sergeant said, "Do you know the injured man?"—I understood him they had been drinking together—I did not hear him say, "We are both pals"—my deposition before the Magistrate was read over to me—I could not say whether I said the prisoner said they were both pals—(
<hi rend="italic">Read from de
<lb/>position:</hi> "The prisoner being asked by P.S. 3, if he knew the injured man said they were both pals. On being asked for both name and ad
<lb/>dresses the prisoner said, 'Why should I tell you?")—that is all right—I could not swear to the word "pals"—I have no doubt I swore before Mr. Justice Hawkins that the prisoner replied, "We are both pals," and that the attention of the Jury was called to the fact that the sergeant and I did not agree about that—I have not since agreed with the sergeant.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-142" type="witnessName">
<interp inst="t18960203-name-142" type="gender" value="male"/>
<interp inst="t18960203-name-142" type="surname" value="FORD"/>
<interp inst="t18960203-name-142" type="given" value="JAMES"/>JAMES FORD</persName> </hi> (
<hi rend="italic">Inspector H</hi>). About 1.20 a.m. on December 14th, I was in charge of Commerical Street Station, when the deceased was brought in on an ambulance—he was insensible—in consequence of his condition I sent for the Assistant Divisional Surgeon, Dr. Cameron, who came and ex
<lb/>amined him, and the deceased was at once removed on the ambulance to the London Hospital—the prisoner was brought in and charged with unlaw
<lb/>fully wounding the man—when the charge was read over he made no reply</p>
<xptr type="pageFacsimile" doc="189602030031"/>
<p>—he had been drinking—on searching him I found in his right hand coat pocket this pipe bowl—I called his attention to the absence of the stem, and he commenced to search his pockets, and not finding it said, "I be
<lb/>lieve I have lost it, I had a smoke out of it to-night"—I examined his overcoat, and on it found little stains, and in his pocket I found a hand
<lb/>kerchief with stains the colour of blood on it—I made a note of his reply about ten minutes afterwards—he did not say, "
<hi rend="italic">He</hi> had a smoke out of it"—he said nothing to me about picking up the pipe—Inspector Miller took the charge.</p>
<hi rend="italic">Cross-examined.</hi> I found no tobacco or matches on the prisoner, I gave my evidence before the Coroner before the prisoner did—when I said before the Magistrate the prisoner said he had "smoked out of it" the prisoner called out something, I am not able to say whether he said it was false—he said something, and I saw the constable put his hand up. At the adjourned inquest the prisoner made a statement before the Coroner—he said he had smoked out of it. On a subsequent occasion the prisoner put Inspector Miller in the box—his evidence was confined to the state
<lb/>ment at the police-station—Mr. Bishop said he should dismiss the charge of manslaughter as he undoubtedly struck the prosecutor, and for that assault he would bind him over in his own recognisances—I said "you have not heard the evidence," when Miller called my attention to it—then. Miller's evidence was given, which was confined to the conversation between the prisoner and me about the pipe—I had given evidence pre
<lb/>vious to that—before the prisoner was committed, and said "I had smoked out of it, not he"—I am certain the prisoner said at the station, "I sup
<lb/>pose I have lost it—I had a smoke out of it to-night"—my book says so—(
<hi rend="italic">Read</hi>: "I called attention to the pipe being without a stem—he said, 'I have had a smoke out of it to-night,' and at the same time searched his pockets. He said 'I cannot find it—I suppose I must have dropped it.' ")—that is what I am reported to have said, but to the best of my belief I said what is in ray book—I did not notice any discrepancy—I cannot explain it.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-143" type="witnessName">
<interp inst="t18960203-name-143" type="gender" value="male"/>
<interp inst="t18960203-name-143" type="surname" value="MILLER"/>
<interp inst="t18960203-name-143" type="given" value="WILLIAM"/>WILLIAM MILLER</persName> </hi> (
<hi rend="italic">Inspector H</hi>). I was at Commercial Road Police-Station when White was brought in—I read the charge to him—he was charged with unlawful wounding—he made no answer to. it—I saw Ford search him, and the bowl of the pipe produced—I heard the prisoner say, after having searched his pockets, "I suppose I have lost it, I have had a smoke with it to-night"—this is the bowl of the pipe—this is the stem.</p>
<hi rend="italic">Cross-examined.</hi> Mr. Justice Hawkins repeatedly commented on the discrepancy in his summing-up—I am certain the prisoner said "I" not "he"—he did not use the word "pipe," but the words "with it"—the Inspector taking notes of a conversation would take down, as nearly as possible, the words—I did not take a note—I should be surprised if the word "pipe "appeared in Ford's note and not "it."</p>
<hi rend="smallCaps">
<persName id="t18960203-name-144" type="witnessName">
<interp inst="t18960203-name-144" type="gender" value="female"/>
<interp inst="t18960203-name-144" type="surname" value="FITT"/>
<interp inst="t18960203-name-144" type="given" value="ROSETTA"/>ROSETTA FITT</persName> </hi>. I live at 259, Bethnal Green Road, I am the deceased's widow—I have not seen my husband use a pipe like that—I have seen him with a wooden pipe some time ago, a good while ago—he generally smoked a clay pipe.</p>
<hi rend="italic">Cross-examined.</hi> I speak from my knowledge of him at home—I was seldom out with him.</p>
<hi rend="smallCaps">DR. CAMERON</hi>, M.D. Early in the morning of Saturday, 14th</p>
<xptr type="pageFacsimile" doc="189602030032"/>
<p>December, I was called into Commercial Street Police Station—I found the deceased lying, apparently insensible, on his back—his appearence was consistent with his having been drinking—he was slightly conscious—when the sponge was applied to lave the wound he put up his hand to push me off—there was blood on his face, and considerable mud—the blood came from the inner side of the left eye—I found a penetration of the eye and a fracture of the skull—he was so gravely injured that in con
<lb/>sequence of my order he was removed to the hospital—it is possible he could speak after receiving the wound, but under ordinary circumstances it is improbable—he would be more likely to move if drunk.</p>
<hi rend="italic">Cross-examined.</hi> I was not a witness before the Magistrate, nor before the Coroner—I first appeared at the last trial—I believe the case to be assisted by
<hi rend="italic">a, post mortem examination</hi>—under ordinary circumstances after his injuries I do not think he could walk 112 yards—the circumstance not ordinary would be drunkenness—he would not suffer as a sober man would—it was not impossible for him to make a rational statement, but it is improbable.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-145" type="witnessName">
<interp inst="t18960203-name-145" type="gender" value="male"/>
<interp inst="t18960203-name-145" type="surname" value="SPARKS"/>
<interp inst="t18960203-name-145" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD SPARKS</persName> </hi>. I am house surgeon at the London Hospi
<lb/>tal—the deceased was admitted about 2 a.m. on December 14th—he was suffering from shock and a wound on the left eye-lid—on the inner side—the eye-ball protruded considerably—the next morning the police com
<lb/>municated with me, and I was shown this pipe bowl—the deceased died on Monday night at eight o'clock—he recovered somewhat after admission to the hospital—an operation was performed on his eye—this pipe stem was found inside the orbit of the eye—it fits this pipe—it had made a wound on the left eye-lid, and had pentrated the optic frame—it was em
<lb/>bedded half an inch—the mouthpiece was pointing towards the brain backwards and a little upwards—he died from exhaustion following, and caused by, the injury—I made a
<hi rend="italic">post-mortem</hi> examination—the skull was fractured; the eye-ball was thin, and the brain was lacerated about half an inch—I did not find that it was injured—the deceased made no state
<lb/>ment at the hospital—he made a rambling remark, but there was nothing connected in it—he gave one name, and I believe another—it is possible after his injuries he could have spoken or moved, but it is not probable.</p>
<hi rend="italic">Cross-examined.</hi> I should say he could not have walked 112 yards; it is most improbable—it is improbable he could have made such a rational statement when asked by the policeman if he wished to charge this man, as "We are all pals"—I think you may say it is impossible—I gave the Coroner the aid of my opinion—the jury returned a verdict against the prisoner—I think I told the Coroner it was not impossible for the deceased to move or speak after his injuries—my opinion was challenged by the prisoner's counsel at Worship Street Police Court—I said there it was not probable he could speak or move after his injuries—it would be painful for him to do so.</p>
<hi rend="italic">Re-examined.</hi> It would depend as regards the shock whether he was under the influence of drink or not—I heard the evidence of the last witness—I agree with it—when I speak of walking I mean walking by himself.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-146" type="witnessName">
<interp inst="t18960203-name-146" type="gender" value="male"/>
<interp inst="t18960203-name-146" type="surname" value="CHIVERS"/>
<interp inst="t18960203-name-146" type="given" value="CURTIS THOMAS"/>CURTIS THOMAS CHIVERS</persName> </hi>. I am Coroner's Officer to Mr. Wynne Baxter, the Coroner for London—I was present at the inquest held on the body of</p>
<xptr type="pageFacsimile" doc="189602030033"/>
<p>James Fitt on the 19th and 27th of December last year—on the 27th White was sworn in the usual way—he was cautioned—he gave evidence, which was taken down and signed by him—I produce the original depositions, which were afterwards signed by White—"Frederick White, before the Coroner, upon his oath, saith (having been cautioned and represented by counsel): 'I reside at 22, Green Street,. Bethnal Green. I am a master fishmonger. I knew deceased by sight. I have seen him five or six times. I went into the Bell public-house, Shored itch, to have a drink on Friday, the 13th December, about eleven p.m. About five or six minutes afterwards deceased, with four or five other men, came in. I was offered a drink, and I had it. We stood talking together for some time. Deceased and four or five others went with me to the Spread Eagle in the Kingsland Road, and then we had three or four half-pints of rum to drink between us. We stopped in there for some time, and it was getting late, and we went from there to the Gun public-house, facing, and there we had two or three drinks. I had ale; deceased had twopennyworth or threepennyworth of rum. We stayed in there till closing-time. There was some quarrelling between us all, but I don't know what it was about. Deceased was hopelessly drunk. I had had sufficient. I remember going down High Street after that. I don't remember deceased falling at Church Street. I did not knock him down I don't remember any police-constable coming to us there, and asking deceased if he wished to charge me. I do not remember passing any other constable until we got to the corner of Bethnal Green Road. When. we got to the corner of Bethnal Green Road there were about four men with deceased. I stopped to wait for a 'bus to go home, but I now think the last 'bus was gone. I walked a little way along Bethnal Green Road. Deceased and the other men had gone on before me. When I walked a little way along, then I saw deceased lying on the pavement with his face downwards. When I went to pick him up I found the bowl of a pipe (now produced) which belonged to the deceased; at least I saw him smoking a similar pipe during the evening. I have never smoked a pipe like that in my life. After picking the pipe up, in my excitement, lifting the man about, I put the pipe in my pocket. I have seen the other men before in the company of deceased, but I only know them by sight. I have tried to find them and can't. I was admitted to bail last Saturday. I have never had any money transactions with deceased in my life. The pipe (
<hi rend="italic">produced</hi>) was not in my possession at any time during the night until I picked it up. I do not smoke at all. I saw deceased smoking a wooden pipe in the Gun, and also in the Spread Eagle. I did not state in the charge-room, when spoken to by the Inspector as to the stem of the pipe being missing, 'I had a smoke out of it to-night; but I said 'He was a-smoking of it to-night' The Inspector was writing in my presence. I told Inspector Ford I picked, the pipe up when I picked up the man. I believe both Inspectors were present.—(Signed)
<hi rend="smallCaps">FREDERICK WHITE</hi>."</p>
<hi rend="italic">Before the Magistrate White said:</hi> "I reserve my defence; I call no witnesses here."</p>
<hi rend="smallCaps">
<rs id="t18960203-206-verdict-1" type="verdictDescription">
<interp inst="t18960203-206-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18960203-206-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">The prisoner was tried for this offence at the last Sessions, and the</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">not agreeing were discharged without returning any verdict.</hi> </p> </div1>
<xptr type="pageFacsimile" doc="189602030034"/>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 5
<hi rend="italic">th</hi>, 1896.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18960203-207">
<interp inst="t18960203-207" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-207" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-207-charge-1" targOrder="Y" targets="def1-207-18960203 t18960203-207-offence-1 t18960203-207-verdict-1"/>
<join result="criminalCharge" id="t18960203-207-charge-2" targOrder="Y" targets="def2-207-18960203 t18960203-207-offence-1 t18960203-207-verdict-2"/>
<persName id="def1-207-18960203" type="defendantName">
<interp inst="def1-207-18960203" type="gender" value="male"/>
<interp inst="def1-207-18960203" type="age" value="30"/>
<interp inst="def1-207-18960203" type="surname" value="BRAGGE"/>
<interp inst="def1-207-18960203" type="given" value="HAROLD STEWART MELHUISH"/>
<hi rend="largeCaps">HAROLD STEWART MELHUISH BRAGGE</hi> (30)</persName>, and
<persName id="def2-207-18960203" type="defendantName">
<interp inst="def2-207-18960203" type="gender" value="male"/>
<interp inst="def2-207-18960203" type="age" value="28"/>
<interp inst="def2-207-18960203" type="surname" value="KENNEDY"/>
<interp inst="def2-207-18960203" type="given" value="FORRESTER"/>
<hi rend="largeCaps">FORRESTER KENNEDY</hi> (28)</persName>
<rs id="t18960203-207-offence-1" type="offenceDescription">
<interp inst="t18960203-207-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18960203-207-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully conspiring to obtain and obtaining by false pretences from
<persName id="t18960203-name-149" type="victimName">
<interp inst="t18960203-name-149" type="gender" value="male"/>
<interp inst="t18960203-name-149" type="surname" value="WILLMORE"/>
<interp inst="t18960203-name-149" type="given" value="THOMAS"/>
<interp inst="t18960203-name-149" type="occupation" value="commercial traveller"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-207-offence-1 t18960203-name-149"/>Thomas Willmore</persName> £3, and other sums from other persons with intent to defraud.</rs> </p>
<hi rend="largeCaps">BRAGGE</hi>
<hi rend="smallCaps">
<rs id="t18960203-207-verdict-1" type="verdictDescription">
<interp inst="t18960203-207-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-207-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">BODKIN</hi>
<hi rend="italic">Prosecuted, and</hi> Mr.
<hi rend="smallCaps">GEOGHEGAN</hi>
<hi rend="italic">Defended Kennedy.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-150" type="witnessName">
<interp inst="t18960203-name-150" type="gender" value="male"/>
<interp inst="t18960203-name-150" type="surname" value="STAINSBY"/>
<interp inst="t18960203-name-150" type="given" value="SIDNEY ERNEST"/>SIDNEY ERNEST STAINSBY</persName> </hi>. I am a printer of 180, Brompton Road—in July, 1894,
<hi rend="italic">I did printing for Kennedy to the amount of</hi> £2 4s. 6d.—the account was sent in, and the money was owing in August 1894—about August 22nd or 23rd Bragge came and handed me a letter, which I opened and read—an open cheque was enclosed in it; I believe this is it. (
<hi rend="italic">This cheque, on a sheet of paper, was on Stuckey's Bank, Ilminster, for</hi> £6 5s.,
<hi rend="italic">drawn by H. Stewart M. Bragge in favour of Forrester Kennedy.</hi>)—I was asked to cash it; I refused because I said I did not know who the drawer was—he said, "I am the drawer, and there is a balance at the Bank"—he said, "I am known to Mr. Willmore"—I knew Willmore as a tradesman in the same road—I still refused to cash the cheque—I did not see Bragge again nor Kennedy; the account is still owing.</p>
<hi rend="italic">Cross-examined.</hi> I never saw Kennedy about this matter.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-151" type="witnessName">
<interp inst="t18960203-name-151" type="gender" value="male"/>
<interp inst="t18960203-name-151" type="surname" value="STAINSBY"/>
<interp inst="t18960203-name-151" type="given" value="CECIL GEORGE"/>CECIL GEORGE STAINSBY</persName> </hi>. I am a brother of Sidney Stainsby, and live at Winchenden Road, Fulham—in August, 1894, I was in my brother's employment—about August 24th or 25th, 1894, I was in my brother's office when Kennedy came in with Mr. Willmore, and I believe Mr. Bragge; I could not swear if it was he—Kennedy said, "Why did you refuse to cash a cheque of mine sent to you yesterday?"—I said the cheque presented was not one of his, but was drawn by a total stranger—I knew Kennedy; I had seen him come in in connection with printing orders—he turned to the man I believe to be Bragge and said, "the cheque was drawn by my friend, Bragge," indicating him—the person I believed to be Bragge said "Yes, I brought the cheque up myself"—Willmore said to me, "I think' you should have obliged a customer by cashing the cheque," or something like that—I believe this to be the cheque; it was one precisely similar.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-152" type="witnessName">
<interp inst="t18960203-name-152" type="gender" value="male"/>
<interp inst="t18960203-name-152" type="surname" value="HOUGH"/>
<interp inst="t18960203-name-152" type="given" value="RICHARD"/>RICHARD HOUGH</persName> </hi>. I am the landlord of the Hare and Hounds public-house—in August, 1894, I was the landlord of the Montpelier Arms, Brompton—one day, towards the end of August, 1894, Kennedy, who was in the habit of using the house, came in with Bragge, whom I had not seen before; Kennedy introduced him to me—after some conversation Kennedy said: "Will you change this cheque for my friend?"—handing this cheque for £6 5s.—I said "Yes, I will change it," and I gave the £6 5s. to Kennedy—I paid the cheque into my bank, and it was returned marked "No account"—I went to Bragge's father's house (T knew where I he lived) and saw Bragge—he said the cheque would be all right; he could not understand why it had not been met—he would write to his bankers and make it all right in a day or two—I understood he had got some property at Ilminster—Bragge said he could not understand it, but he would be up in a day or two and pay me—I went to the Westminster Police Court, and, on making a complaint there, a summons was granted</p>
<xptr type="pageFacsimile" doc="189602030035"/>
<p>against Bragge—a little while after that a clergyman called on me and had some conversation, and gave me his own cheque for £6 5s., and I gave him Bragge's cheque and letters—the clergyman's cheque was met—the summons was withdrawn; I gave no instructions for that, I took no further notice of the summons—on two or three occasions after that I saw Kennedy, and spoke about the cheque transaction—he said he would not have asked me to change it had he not thought it was all right—when I parted with my money I believed the cheque was good and would be paid—he did not mention anything to me about Mr. Stainsby.</p>
<hi rend="italic">Cross-examined.</hi> I did not know at the time that Bragge's father kept a large boarding-house in the neighbourhood of Fulham; I understood afterwards that he did; he belongs to most respectable people—Kennedy may have come two or three times to my house afterwards—I found out after going to the Police-court that Kennedy lived in Fulham, a mile and a half from my house.</p>
<hi rend="italic">Cross-examined.</hi> I did not charge Kennedy at title Police-court.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-153" type="witnessName">
<interp inst="t18960203-name-153" type="gender" value="male"/>
<interp inst="t18960203-name-153" type="surname" value="WILLMORE"/>
<interp inst="t18960203-name-153" type="given" value="THOMAS"/>THOMAS WILLMORE</persName> </hi>. I am a commercial traveller, of 5, Coverdale Road, Chelsea—I knew Kennedy in 1894—I have seen him in Bragge's com
<lb/>pany on several occasions—towards the end of August, 1894, I was in the Bell and Horns public-house with the prisoners; they asked me if I would change a cheque—I declined at first, and Bragge said he was worth some money, and was a schoolmaster in the country, and was up in London for a holiday and had spent all his money, and he pressed-me—he wrote out this cheque in the public-house—while it was being written Kennedy wanted it made out for more money and I would not have it, and it was made out for £3 10s. to me or my order, on Stuckey's Bank, Ilminster, dated August 23rd, and signed H. Stewart M. Bragge—I endorsed it and took it to Mr. Hardcastle who cashed it for me—I gave Bragge £3 in Kennedy's presence, and kept 10s.—about a week after
<lb/>wards Mr. Hardcastle came to my private house, and after some con
<lb/>versation I paid £3 10s. to him and he gave me the cheque, which is marked "No account"—I then went and saw Kennedy at his lodgings—he said it would be all right, he would see me paid, and he gave me Bragge's address at his father's private hotel, near Earl's Court—Mrs. Willmore went to see Bragge—I afterwards met him in the street, and said that if he did not go and put it right I should lock him up—his mother brought a sovereign to my private-house; that is all I have had—when I endorsed the cheque I believed it was good; Bragge told me he had property at his private-house, and a good situation as a schoolmaster, and I believed him.</p>
<hi rend="italic">Cross-examined.</hi> Bragge said he had property at Ilminster—Kennedy told me that Bragge had said that the bankers Stuckey were connected with him by marriage—that was after the cheque was cashed—I have not cashed cheques for Kennedy before; my firm have frequently done so—I don't think they have cashed any as high as £25; it was three or four years ago—I was a member of the firm three or four years ago; I am not now—my firm was Willmore Brothers, glass merchants—I have retired from business—those cheques were always honoured—Kennedy did not tell me that he and Bragge had had a quarrel on account of these two cheques.</p>
<hi rend="italic">Re-examined.</hi> The cheques my firm cashed were drawn by Mrs.</p>
<xptr type="pageFacsimile" doc="189602030036"/>
<p>Kennedy, I believe, his mother in Edinburgh, on a Scotch bank, and on bank forms—it is three or four years ago—he was then living at Earl's Court—I knew him—I have known his father for fifty years, his first wife was my sister; the prisoner Kennedy is the son of his second wife—his father is Irish, his mother Scotch.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-154" type="witnessName">
<interp inst="t18960203-name-154" type="gender" value="male"/>
<interp inst="t18960203-name-154" type="surname" value="HARDCASTLE"/>
<interp inst="t18960203-name-154" type="given" value="WILLIAM"/>WILLIAM HARDCASTLE</persName> </hi>. I have no occupation—I live at 43, Walham Grove, Fulham—in August, 1894, I lived in the Brompton Road, and was acquainted with Mr. Willmore, who brought me this cheque for £3 10s., and I cashed it for him—I paid it into my account, and it came back marked "No account"—I saw Mr. Willmore, and got the £3 10s. from him.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-155" type="witnessName">
<interp inst="t18960203-name-155" type="gender" value="male"/>
<interp inst="t18960203-name-155" type="surname" value="HILL"/>
<interp inst="t18960203-name-155" type="given" value="JOHN"/>JOHN HILL</persName> </hi>. I am a clerk at Stuckey's Bank, Limited, at Ilminster, Somerset—no one of the name of Harold Stewart Mellhuish Bragge ever had an account there; I do not know the name as a customer of the bank—on August 25th, 1894, this cheque for £6 5s. was presented to the bank for payment, and marked "No account"—on August 29th this cheque for £3 10s. was presented, and similarly marked—I do not know Bragge.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-156" type="witnessName">
<interp inst="t18960203-name-156" type="gender" value="male"/>
<interp inst="t18960203-name-156" type="surname" value="PODGER"/>
<interp inst="t18960203-name-156" type="given" value="WILLIAM"/>WILLIAM PODGER</persName> </hi>. I am manager of the Blue Posts public-house, Tottenham Court Road—at the beginning of December, 1895, I saw Bragge—I had known him about twenty-two years before at Ilminster, I was at his father's school there—he and I are natives of Ilminster—a week or two afterwards he came with Kennedy into my public-house, and after some conversation Bragge asked me to cash him a cheque for £5, which he showed me—it was written on half a sheet of note-paper, and stamped in favour of Bragge on a Burton-on-Trent bank, and drawn, I believe, by Kennedy, I am not sure—I said I did not cash cheques—Bragge asked me to advance him £1 on the cheque, and pay it through the bank, and he would have the other later on when it had gone through the bank—I did not do that—Kennedy said I was very rude to his friend not to cash the cheque—I said, "To convince you that I will not cash the cheque, I don't think the cheque is worth the stamp on the paper"—they then called for drinks, and I refused to serve them; there was a little noise, and they refused to leave; they were very annoyed that I would not serve them—they left that bar—I gave instructions in the other bars that they were not to be served if they tried to enter the other bars—they tried three other bars, and wanted to argue with the commis
<lb/>sionaire, and I said if they created any disturbance he was to get a con
<lb/>stable to clear them away.</p>
<hi rend="italic">Cross-examined.</hi> The cheque was already written out when they came—I was speaking to the prisoners for about five minutes—I did not take the cheque off the counter; it was lying on the counter in front of me—I recollect the amount of it—to the best of my recollection it was drawn by Kennedy; but I will not pledge my oath—I was also asked, after refusing to advance £1, to pass the cheque through my bank first—I do not know when Bragge's father gave up his school at Ilminster and came to London—I had not seen him for twenty or twenty-two years.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-157" type="witnessName">
<interp inst="t18960203-name-157" type="gender" value="male"/>
<interp inst="t18960203-name-157" type="surname" value="SEWARD"/>
<interp inst="t18960203-name-157" type="given" value="EDWARD WILLIAM"/>EDWARD WILLIAM SEWARD</persName> </hi>. I live at 31, Lanark Villas, Clifton Road—I had known Bragge many years; I come from Ilminster—my sister keeps the Lord Elgin public-house, Elgin Avenue—about December 26th last I saw Bragge and Kennedy at the Lord Elgin—Bragge intro
<lb/>duced Kennedy as his friend—I asked Bragge what he was doing, and</p>
<xptr type="pageFacsimile" doc="189602030037"/>
<p>lie said he had been making private inquiries in the Midland—after some conversation he produced this cheque written on a half sheet of paper for £6 10s., purporting to be drawn by George F. Watkins in favour of Bragge upon the Union Bank, at Burton-on-Trent—he asked me to cash it for him—I told him I had not got sufficient—I was only visiting my sister as an ordinary guest—I gathered that Bragge had got the cheque from the man he had been making inquiries for—I asked him if a sovereign was any good on it—he said, "Yes," and I went and asked my sister for a sovereign, and I got it, and let him have it; and I got a pen and ink and got him to endorse the cheque, and he did so—I paid it into the bank—on December 28th, two days after, I saw him again at the Lord Elgin; he asked me if I had got it through—it had not come through the bank at that time—on December 30th he called at my house at 10.15 p.m.—I was in bed and did not see him; I heard his voice—on December 31st I received a communication from my bankers, and the cheque marked "No account"—the same day I went to the Lord Elgin in the hope of meeting them there, but did not see them—my sister is very ill, and is not here; she gave me this piece of paper, an I O U for 30s., signed by H. M. S. Bragge, of Philbeach Gardens, Earl's Court—I next saw the prisoners at Bow Street, in custody.</p>
<hi rend="italic">Cross-examined.</hi> I went to school with Bragge's father—I am an old friend of his family—Kennedy was a stranger to me until I saw him on December 26th—he told me he was a doctor—he wrote out a prescription for me after I had parted with the money; I tore it up—all the conversa
<lb/>tion about the cheque passed between me and Bragge; while it went on Kennedy was looking on and listening—the money was handed to Bragge—he had some whisky or stout I think in front of him.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-158" type="witnessName">
<interp inst="t18960203-name-158" type="gender" value="male"/>
<interp inst="t18960203-name-158" type="surname" value="ALLEN"/>
<interp inst="t18960203-name-158" type="given" value="WILLIAM"/>WILLIAM ALLEN</persName> </hi>. I am a clerk at the Union Bank, Burton-on-Trent—we have no customer of the name of George F. Watkins or Forrester Ken
<lb/>nedy—I have no knowledge of either of those names in connection with our bank—on December 30 this cheque for £6 10s. was presented at our bank, and marked "No account." I don't know the writing of the cheque as connected with the bank in any way.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-159" type="witnessName">
<interp inst="t18960203-name-159" type="gender" value="male"/>
<interp inst="t18960203-name-159" type="surname" value="KANE"/>
<interp inst="t18960203-name-159" type="given" value="JOHN"/>JOHN KANE</persName> </hi> (
<hi rend="italic">Sergeant C.I.D.</hi>).—On January 22nd I received a warrant for the prisoners' arrest, and on the evening of that day I arrested Bragge at Earl's Court—in consequence of a telegram I found there I took him to Bow Street and then went on to Euston, where I saw Kennedy arriving by the 10.45 train from Scotland—I followed him into the Eueton Road and stopped him—I said, "Kennedy, I have just arrested Bragge, and I hold a warrant for your arrest for being concerned with him in obtaining money by worthless cheques from Willmore, Seward arid his sister; I am alluding specifically to the cheque for £6 10s."—he said, "I wrote the cheque for Bragge; he asked me to write it to bluff some women, and he would get Seward, who was an old friend of his father, to cash it"—I said, "The cheque for £6 10s. is unquestionably in your writ
<lb/>ing"—he said, "Yes; I admit I wrote it"—I took him to Bow Street Police-station where Bragge was detained—I read the warrant to post-prisoners—Kennedy said, "I only wrote the cheque at Charing Cross Post-office to have a game with some women; three or four days afterwards Bragge said, 'Let us go to Seward and get it cashed and we went to the Elgin"—that is a public-house kept by Seward's sister—Bragge turned to</p>
<xptr type="pageFacsimile" doc="189602030038"/>
<p>Kennedy and said, "You had better shut up and say nothing; you are giving the whole game away, old man"—Kennedy shut up—Bragge made no reply to the charge—I heard the officer on duty read the charge to them; they made no reply.</p>
<hi rend="italic">Cross-examined.</hi> Kennedy did not say the women knew Bragge's writing, and that was why Bragge wanted him to write it—I made notes of this conversation—Kennedy had clearly been drinking—it was 10.45 p.m.; he had just arrived from Edinburgh—I do not recollect if he said he thought the cheque had been burnt.</p>
<hi rend="largeCaps">KENNEDY</hi>
<rs id="t18960203-207-verdict-2" type="verdictDescription">
<interp inst="t18960203-207-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-207-verdict-2" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">Strongly recommended to mercy by the</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">as they believed he had been Bragge's dupe.</hi> </rs> (
<hi rend="italic">See Third Court, Friday.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18960203-208">
<interp inst="t18960203-208" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-208" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-208-charge-1" targOrder="Y" targets="def1-208-18960203 t18960203-208-offence-1 t18960203-208-verdict-2"/>
<join result="criminalCharge" id="t18960203-208-charge-2" targOrder="Y" targets="def2-208-18960203 t18960203-208-offence-1 t18960203-208-verdict-2"/>
<join result="criminalCharge" id="t18960203-208-charge-3" targOrder="Y" targets="def3-208-18960203 t18960203-208-offence-1 t18960203-208-verdict-1"/>
<persName id="def1-208-18960203" type="defendantName">
<interp inst="def1-208-18960203" type="gender" value="male"/>
<interp inst="def1-208-18960203" type="age" value="27"/>
<interp inst="def1-208-18960203" type="surname" value="HEARN"/>
<interp inst="def1-208-18960203" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM HEARN</hi> (27)</persName>,
<persName id="def2-208-18960203" type="defendantName">
<interp inst="def2-208-18960203" type="gender" value="male"/>
<interp inst="def2-208-18960203" type="age" value="25"/>
<interp inst="def2-208-18960203" type="surname" value="DRISCOLL"/>
<interp inst="def2-208-18960203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DRISCOLL</hi> (25)</persName>, and
<persName id="def3-208-18960203" type="defendantName">
<interp inst="def3-208-18960203" type="gender" value="male"/>
<interp inst="def3-208-18960203" type="age" value="37"/>
<interp inst="def3-208-18960203" type="surname" value="HEARN"/>
<interp inst="def3-208-18960203" type="given" value="ANDREW"/>
<hi rend="largeCaps">ANDREW HEARN</hi> (37)</persName>
<rs id="t18960203-208-offence-1" type="offenceDescription">
<interp inst="t18960203-208-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18960203-208-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18960203-name-163" type="victimName">
<interp inst="t18960203-name-163" type="gender" value="male"/>
<interp inst="t18960203-name-163" type="surname" value="NEWTON"/>
<interp inst="t18960203-name-163" type="given" value="CHARLES"/>
<interp inst="t18960203-name-163" type="occupation" value="chimney sweeper"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-208-offence-1 t18960203-name-163"/>Charles Newton</persName>, with intent to do him grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MESSRS. WOODGATE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BARKER</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-164" type="witnessName">
<interp inst="t18960203-name-164" type="gender" value="male"/>
<interp inst="t18960203-name-164" type="surname" value="NEWTON"/>
<interp inst="t18960203-name-164" type="given" value="CHARLES"/>CHARLES NEWTON</persName> </hi>. I am a chimney sweeper, living at 4, Shaftesbury Place—I know John Driscoll by sight, as living a few doors from me—a little after eleven p.m. on January 19th I was standing outside my door, with my wife, listening to the shouting and
<hi rend="italic">row</hi> that was going on at No. 6—I walked in the direction of No. 6, next door but one to me, and seven or eight yards off, on the same side of the way—I could not get near the door, there was such a crowd—the door was shut—five or six minutes after I was there the door was opened—when I got near the door I stood outside for five or ten minutes, for the purpose of listening to what was going on inside—suddenly the door opened, and there was a bit of a
<hi rend="italic">scamper</hi> among the thirty or forty persons who were standing in the street listening—when the door opened the three prisoners, and I believe another man, came out—I was struck on the head with something very hard, I don't know how, or by whom—I lost consciousness—when I recovered I found myself lying on the ground in the basement of No. 6—I do not know how I got there—'John Driscoll, William Hearne, and a girl were there—William Hearne was kicking me, and he said, "Kill him! let us kill the—!"—the girl said, "Don't do that, it is Mr. Newton"—Driscoll was standing on the second stair up, doing nothing except looking on—I lost consciousness again—at that time my head had been injured, and blood was running down my face—I cannot say whether my ankle was broken, I did not try to move—when I came to again I was still in the basement, William Hearne was throwing water over me—Driscoll was there, I believe he was giving me a cup of tea—Driscoll and the girl were there—I heard a sergeant saying, "If you don't open the door, I will break it down," I was trying to get up the stairs, but could not do so—I did not know then my ankle was broken; I could not get up—Driscoll stopped me; I asked him to help me—he said, "Not before my mother comes in"—then I heard the voice saying, "If you don't open the door, I will burst it in"—the girl helped me partly up the stairs—I found I could not use my feet—in the meantime the door must have been opened by someone—I found four or six constables in the pas sage—I was sent to the hospital in the ambulance—I do not speak as to Andrew Hearne—when I first went from my door to No. 6, before it was opened, I saw Andrew and William Hearne at the first-floor window,</p>
<xptr type="pageFacsimile" doc="189602030039"/>
<p>brandishing one a knife and the other a poker, I think—they were being held back, or they would have been out—I believe a struggle was going on inside at the window—I believe Andrew Hearne had the knife, and William the poker—I had seen them in the afternoon—there was a lamp alight in the street beneath sufficient to recognise them—I was taken to St. Bartholo
<lb/>mew' Hospital—I remained there till 4.30 the next morning, when the plaster had set on my leg, and then I was taken to the station to charge the prisoners, and then home—I have been to the hospital since as an out-patient.</p>
<hi rend="italic">Cross-examined by William Hearne.</hi> I should think most of the 30 or 40 people round the Driscoll's door were women, inhabitants of the court—I did not see any strange people—there might have been 12 or 13 men there—no one had any weapon in his hand—the door was opened by someone inside when you rushed out—I saw someone knock at the door before that—I found out afterwards that it was Mr. John Walker, and that he was the person they were having the row with—he did not go in, no one answered—he only knocked once from what I heard, a
<hi rend="italic">rat-tat-tat</hi>, a regular knock as if he wanted to be let in.</p>
<hi rend="italic">Cross-examined by Driscoll.</hi> When I regained consciousnesss, I should say you were three or four stairs up behind William Hearne—don't remember your asking me how I got in.</p>
<hi rend="italic">Cross-examined by Andrew Hearne.</hi> I don't remember seeing you there after you rushed out.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-165" type="witnessName">
<interp inst="t18960203-name-165" type="gender" value="male"/>
<interp inst="t18960203-name-165" type="surname" value="NEWTON"/>
<interp inst="t18960203-name-165" type="given" value="JOSEPH WILLIAM"/>JOSEPH WILLIAM NEWTON</persName> </hi>. I am a cabdriver living at 29, Shaftesbury Place, and am the last witness's brother—about 11.5 on Sunday night, January 19th, I came to Shaftesbury Place—I saw a crowd outside 5 and 6—I know Driscoll by sight—he lives there—I waited at the bottom of the court by the lamp post; I had been for a walk with my young woman—William Hearne was shouting out of the first-floor window of No. 6 to the people, and knocking his head against the window sash—I did not see my brother—I did not see the door of No. 6 opened, but I heard screams, and saw the three prisoners rush out when it was opened, and the people rushed back—I did not notice if the prisoners held weapons—a man, who afterwards proved to be my brother, was struck, as if hit on the head, and he fell on the step of No. 6—Andrew Hearne, who had run round the corner, ran back, and all the prisoners pulled my brother inside the door and shut it, and Andrew then rushed down the court after someone else—I did not know it was my brother then—about ten minutes after I made a communication to a policeman—I was present when the door was opened from the inside, by a little girl I think—I heard a sergeant and other police demanding admission—a sergeant, acting sergeant and three or four other police were there—they were kept outside about ten minutes—I heard them say they would break the door down unless it was opened—I went in with the police—Driscoll was in the passage—when the door was opened my brother was brought into the passage, and placed on the doorstep outside, and then taken to the hospital.</p>
<hi rend="italic">Cross-examined by William Hearne.</hi> There were between 80 and 90 people of both sexes outside—I saw no weapons in their hands—I was standing not more than fifteen yards away—I drive a cab and come home about 2 a.m., and two or three nights before I had seen you hanging out of</p>
<xptr type="pageFacsimile" doc="189602030040"/>
<p>the window—I could tell your voice, the way you had been shouting then—I have never molested anyone in the street; I have not been fined for it—after you pulled my brother in the door was closed, you were inside then—part of your door was broken—Shears was locked up for breaking the door, and discharged next morning by the Magistrate—he had no weapon—I did not say to the constables when Driscoll was arrested, "Whatever happens to my brother I will lay to your (Driscoll's) charge.</p>
<hi rend="italic">Cross-examined by Driscoll.</hi> I was eight or nine yards behind the other people, and it was five or six yards from the back of the crowd to your place—there might have been fifty or one hundred people in front of me—I am five feet five and a half; I don't know if there were taller people in front of me—there was a light next door to your house, and a light where I was.</p>
<hi rend="italic">Cross-examined by Andrew Hearne.</hi> I saw you there when my brother was pulled in; and just before the police asked for admission you were in charge of the policemen at the bottom of the court; you had been pointed out as one of the men.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-166" type="witnessName">
<interp inst="t18960203-name-166" type="gender" value="male"/>
<interp inst="t18960203-name-166" type="surname" value="SHEARS"/>
<interp inst="t18960203-name-166" type="given" value="ALBERT WILLIAM"/>ALBERT WILLIAM SHEARS</persName> </hi>. I am a dock labourer living at 17, Shaftes
<lb/>bury Place, which is a court—on January 19th, a little after eleven, I was coming up the court and saw a crowd at No. 6, and I stopped there—I saw the row at the door—Charles Newton fell: Driscoll pulled him inside No. 6; William Hearne was behind Driscoll; I saw him in the passage—the door was shut—the crowd broke a panel of the door, and I could see inside then, and I saw William Hearne and Driscoll in the passage; William Hearne had a piece of iron or a poker in his hand—I did not see Andrew—Mrs. Hearne charged me at the Guildhall with smashing the door, and the Magistrate dismissed the charge—I had nothing to do with it—I was charged before Newton was brought out; I was the first one charged—I was locked up all night.</p>
<hi rend="italic">Cross-examined by William Hearne.</hi> I was not in a public-house that night with John Walker and others—about one hundred people were round the door, men and women—they and I had nothing in our hands—I had a sweep's rod at the finish when the policeman came up, there was a little iron screw at the end—I got it because I was trying to release Newton; it be-longed to him—I did nothing to the door—it was at 11.7 that Newton was pulled through the door—I did not see you pull him in—I did not see anything in your hand when he was pulled inside—I was by myself—Newton fell on the three steps to your door—I did not see anyone attempt to prevent you pulling him in—when Newton was inside I went to the top of the court to find my
<hi rend="italic">missus;</hi> there was no constable there then; it was 11.15—I was locked up at 11.20; the constable that came up the court took me; when I came back the panel was broken in—I took the rod out of Newton's stack, which stands just inside the door.</p>
<hi rend="italic">Cross-examined by Driscoll.</hi> I have known you for six or seven months since you lived up the court—I do not how long you have lived there—your mother and father live there—I was three or four yards from the door—I should say 100 people or more were there, the court was full of men and women—none of my confederates were there—I am not a cham
<lb/>pion pugilist—I had a beer-can in my hand at the door.</p>
<hi rend="italic">Cross-examined by Andrew Hearne.</hi> I did not see you.</p>
<xptr type="pageFacsimile" doc="189602030041"/>
<hi rend="smallCaps">
<persName id="t18960203-name-167" type="witnessName">
<interp inst="t18960203-name-167" type="gender" value="female"/>
<interp inst="t18960203-name-167" type="surname" value="WALKER"/>
<interp inst="t18960203-name-167" type="given" value="HANNAH"/>HANNAH WALKER</persName> </hi>. I am a charwoman, living at 26, Shaftesbury Place—I am single—about 11.10 p.m. on January 19th I was in our kitchen, and heard my father quarrelling with someone in the court, and when I went up I saw him and William Hearne quarrelling; my father was in the court, and William Hearne was hanging half out of the win
<lb/>dow of No. 6—he said, "I will scatter some of them"; he had a long piece of iron in his hand, it looked like a poker—someone pulled him in, and then ornaments and other things were thrown out of the window—the window was then shut—this disturbance with my father caused a crowd to collect—two or three minutes after all at once the door opened, and William Hearne appeared at the door, carrying what looked to me the same piece of iron—he struck a man, I afterwards found was Newton, on the head with it—the man fell down on the step, and Driscoll appeared with William Hearne, and they dragged him in, and the door was shut—another man was in the passage, but I did not recognise him—the crowd wanted to rescue Newton, and broke a panel of the door, and afterwards the police came—my father was quarrelling with William Hearne about me, because they had a lodger whom they turned into the street, and we took in, and Foley, William Hearne and Driscoll assaulted me.</p>
<hi rend="italic">Croat-examined by William Hearne.</hi> My father was quarrelling with you because you knocked me about—you struck me the night before; your sister came and hit me first—Foley pulled me out of the door, and she struck me—I don't know if I gave her a black eye; she had a black eye at the Court, I cannot say who did it—I did not hear my father knock at your door—the thing in your hand looked like iron, and a little more than twelve inches long—I was four or five yards away when I saw you strike him—I was against the door of No. 25 or 26—there were no people in front of me, they were at my side—I was right at the side—I swear I saw you strike the man with the iron—no one tried to obstruct you and Driscoll from dragging the man in.</p>
<hi rend="italic">Cross-examined by Andrew Hearne.</hi> I did not see you.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-168" type="witnessName">
<interp inst="t18960203-name-168" type="gender" value="male"/>
<interp inst="t18960203-name-168" type="surname" value="WALKER"/>
<interp inst="t18960203-name-168" type="given" value="WILLIAM"/>WILLIAM WALKER</persName> </hi>. I am a tailor living at 26, Shaftesbury Place—about 11.15 on January 19th I had some angry words with William Hearne, who had assaulted my daughter the night before—he was at the first floor window, which was open—he had a weapon like this produced—he said to me and the crowd that he would scatter us—I don't think he was drunk—he and I had about five minutes' conversation—a crowd, collected—the window was shut—afterwards the street door was opened and William Hearne came on to the threshold and struck Newton with a weapon like this—Newton fell face downwards on the second step and was pulled into the passage—I did not observe if anyone was with William Hearne, because I was standing obliquely.</p>
<hi rend="italic">Cross-examined by Driscoll.</hi> I knocked at your door at three in the afternoon—I was not intoxicated—I did not take off my coat and offer to fight anyone in the house.</p>
<hi rend="italic">Cross-examined by Andrew Hearne.</hi> I did not see you drag Newton in.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-169" type="witnessName">
<interp inst="t18960203-name-169" type="gender" value="female"/>
<interp inst="t18960203-name-169" type="surname" value="SPICELY"/>
<interp inst="t18960203-name-169" type="given" value="LAURA"/>LAURA SPICELY</persName> </hi>. I live at 6, Shaftesbury Place; Driscoll and Andrew live there, but I believe William has only been staying there—on this Sunday night there was a great noise going on in the house—I locked myself in my room—I heard William Hearne say "Bring down my knife"</p>
<xptr type="pageFacsimile" doc="189602030042"/>
<p>and afterwards I heard him say "Bring down my revolver"—I did not hear any more of the quarrel.</p>
<hi rend="italic">Cross-examined by William Hearne.</hi> I said to my boy the night before, when Walker knocked at the door, "Don't open the door"—you were at the house at Christmas time.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-170" type="witnessName">
<interp inst="t18960203-name-170" type="gender" value="male"/>
<interp inst="t18960203-name-170" type="surname" value="HANNEN"/>
<interp inst="t18960203-name-170" type="given" value="WILLIAM"/>WILLIAM HANNEN</persName> </hi> (463
<hi rend="italic">City</hi>). A little after eleven on January 19th I was called to Shaftesbury Place—I saw a crowd—Shears was thrusting a rod at the door, which was locked—(he was afterwards charged for damaging the door, and discharged by Alderman Truscott)—I saw, through the broken panel William Hearne with an iron bar like this, and Driscoll, who had a carving knife—Driscoll said, "The first b——that enters this door I will put this through him"—they saw us there, we had given them notice that it was police who wanted to get in.</p>
<hi rend="italic">Cross-examined by William Hearne.</hi> The door was broken when I arrived—I saw no one in the passage then but you and Driscoll—I could see the passage and what was going on—I took Shears to the station; at the time no mention was made of a man being inside—I did not see Newton.</p>
<hi rend="italic">Cross-examined by Driscoll.</hi> You stood near the door, facing it, in the centre of the passage—I was opposite you; I saw you distinctly—I could not say if you bad your jacket on; William Hearne was in his shirt-sleeves—I could not see what garments you had on.</p>
<hi rend="italic">Cross-examined by Andrew Hearne.</hi> I did not see you.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-171" type="witnessName">
<interp inst="t18960203-name-171" type="gender" value="male"/>
<interp inst="t18960203-name-171" type="surname" value="STEVENS"/>
<interp inst="t18960203-name-171" type="given" value="THOMAS"/>THOMAS STEVENS</persName> </hi> (
<hi rend="italic">Sergeant</hi> 35
<hi rend="italic">City</hi>). On Sunday night, January 19th, I met Andrew Hearne by the General Post Office; he said there was murder taking place in Shaftesbury Place—I went there, and saw a crowd of about 100 people—a panel of the door of No. 6 was broken out—I looked through, and saw Driscoll and William Hearne inside; they had nothing in their hands then—Hannen bad gone to the station with Shears at the time—Driscoll and William Hearne said, "Look here, they have broken our door in; protect us from that crowd"—I got assistance of other constables, and began to clear the crowd away—in consequence of what Joseph Newton said to me, I returned to No. 6—I said to Driscoll and Hearne, whom I saw inside the door, "You have a man in here"—Driscoll said, "No, governor; no man in here, governor"—I said, "I know you have; open this door, or I will force my way"—William Hearne dis
<lb/>appeared; Driscoll began to open the door, and ultimately ran to the end of the passage; the door was opened by someone inside—I went in, and saw Newton being brought up from the cellar, assisted by William Hearne and Driscoll and a woman—he was bleeding from the head, and in a semi unconscious condition, very wet, and quite unable to stand—blood had been freshly washed from his head—I said to Driscoll, "You know something about this"—he said, "He came in here for protection, governor"—I assisted Newton to the door, obtained an ambulance and sent him to St. Bartholomew's Hospital—I then went back to the house and arrested Driscoll, and handed him to another constable who took him to the station—he was identified by Joseph Newton—I entered the house, and in the first-floor back room I found William Hearne covered entirely by the bed clothes, as though I they had been thrown over the bed—he was fully dressed—I said, "I want you"—he said, "What is the matter? I am hurt; my leg is</p>
<xptr type="pageFacsimile" doc="189602030043"/>
<p>broken"—I said, "Come out and let us have a look at it"—I took him into the next room and examined his leg, hut could find nothing the matter—as he said it was injured, I got assistance, carried him down-stairs and sent him in another ambulance to the hospital, where the doctor examined him—he was able to walk from there to the station—he remained at the station till the injured man was brought back from the hospital on the ambulance, and then this charge was preferred against him of being concerned in maliciously wounding—while the injured man was lying in the ambulance in the station William Hearne said to him, "If I get punished for this, Charley, I am innocent, as when I brought down that cup of tea to you I was dumbstruck to see it was you"—Driscoll said nothing—Andrew Hearne said, "You may as well put it all down to me."</p>
<hi rend="italic">Cross-examined by William Hearne.</hi> There were a great many people in the court at the time; they were all behaving themselves; inquiring what had taken place—they followed me to the door, and I had to keep them back—you had nothing in your hand when I arrived.</p>
<hi rend="italic">Cross-examined by Driscoll.</hi> Two or three other people were in the passage—your sister was explaining it to me—when I first went to door I could not understand you, you were all talking—I put questions to you when quietness was restored.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-172" type="witnessName">
<interp inst="t18960203-name-172" type="gender" value="male"/>
<interp inst="t18960203-name-172" type="surname" value="PETTY"/>
<interp inst="t18960203-name-172" type="given" value="WALTER"/>WALTER PETTY</persName> </hi> (311
<hi rend="italic">City</hi>). I found this piece of iron on the ground-floor at the top of the stairs leading to the basement, at 11.15 that night.</p>
<hi rend="italic">Cross-examined by William Hearne.</hi> It was not used as a substitute for a bolt in the door—you were upstairs when I found it—it was on the floor near the yard-door—I did not pull it out of the place where the bolts were wrenched off.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-173" type="witnessName">
<interp inst="t18960203-name-173" type="gender" value="male"/>
<interp inst="t18960203-name-173" type="surname" value="GROSSMAN"/>
<interp inst="t18960203-name-173" type="given" value="FRANCIS WARD"/>FRANCIS WARD GROSSMAN</persName> </hi>. I am house-surgeon at St. Bartholomew's Hospital—on the early morning of January 20th, about 12.30, I examined the prisoner—I found a great deal of blood about him, seven or eight wounds on his, head, two wounds on his face, a large lacerated wound on his forehead, and a very small one on his face—he had a fractured fibula (the ankle bone) on the left-side—the various injuries might have been caused in almost any way; this piece of iron might have caused them—it might possibly have caused the injury to the ankle, but it is very im
<lb/>probable; I think a kick is more likely to have produced that—he was conscious, and, I think, sober—I should think those wounds would cause considerable suffering—I should think he would recover entirely in about six weeks now—his leg was put into plaster of Paris, and when that was dried, in about six hours, he was sent home—he is attending as an out-patient—I think his leg will be quite strong in six weeks; one wound in his head is not yet healed, but ought to be in a week or two; all the others have healed—I examined William Hearne when he was brought in—I found nothing the matter with him—he said his legs were broken; they were not—I gave him the electric battery and he walked away.</p>
<hi rend="italic">Cross-examined by William Hearne.</hi> I beard that you were injured in a great many places—I don't think you told me anything—I examined everything that was suggested.</p>
<hi rend="italic">William Hearne called</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-174" type="witnessName">
<interp inst="t18960203-name-174" type="gender" value="female"/>
<interp inst="t18960203-name-174" type="surname" value="FOLEY"/>
<interp inst="t18960203-name-174" type="given" value="NORAH"/>NORAH FOLEY</persName> </hi>. My husband is a tailor, we live at 6, Shaftesbury Place—on this night there were between 80 and 100 people outside; about twenty</p>
<xptr type="pageFacsimile" doc="189602030044"/>
<p>or thirty of them had weapons—on Saturday night they holloaed out that they would bring a gang from Nile Street to beat three men in the house—When they came, about 11.5, Shears, Walker and prosecutor came to the door and knocked and shouted for my husband, cursing and swearing that they intended to kill the lot of you, and if we did not go out they would come and pull us out—you looked out of the window, and told my husband to keep inside, and your mother to go down and bolt the door, and said that under no consideration must they be allowed to come in—the people outside forced the door open, breaking the bolts at top and bottom, and the people came into the passage, and the prosecutor in front—he was
<hi rend="italic">shoved</hi> into the passage, and what occurred to him I don't know.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I did not see Hearne with any weapon; I did not see the prosecutor struck outside—I saw Driscoll come down with a cup of tea to the prosecutor—the girl saw him in the kitchen—I don't know how he got there—when the door was broken open, fifteen or sixteen forced their way in with long weapons, and some of them got over the wall at the back—I do not know how the prosecutor got injured; it was not from any man in the house, it must have been by the crowd that rushed into the passage.</p>
<hi rend="italic">By William Hearne.</hi> When your father came downstairs they struck him, and gave him a black eye; he is a very old man—I saw you with a 12-foot rule; you were helping your father to make a dress-coat—you tried to keep everyone in the place quiet.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-175" type="witnessName">
<interp inst="t18960203-name-175" type="gender" value="female"/>
<interp inst="t18960203-name-175" type="surname" value="HEARNE"/>
<interp inst="t18960203-name-175" type="given" value="FANNY"/>FANNY HEARNE</persName> </hi>. I am your sister—on Saturday night, January 18th, Hannah Walker struck me in the eye—on the following day, at 11.30, her father knocked at our street door, and called us Irish bastards—I do not know how Newton came to be injured—I came down on Sunday to get my bat and clothes from the kitchen, and I saw Newton at the bottom of the stairs; I called out for you and said, "There is a man here"—you said "Where?" and came down and looked at the man, and called Driscoll, who said, "It is Newton"—he said, "Fanny, give me a cup of tea to give to the poor fellow"—I went upstairs and made him a cup of tea and came down with it, and gave it to you, and you gave it to the prosecutor, and he was taken upstairs by you and another brother, and a policeman—I was screaming out of the first-floor window," Murder and Police!" because of the crowd.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. A policeman came and took William out of the back room; I don't know what was the matter with him; he was exhausted—he was in bed covered with the clothes—he was there all the time, and never went out—the night before the people had challenged him to fight—the piece of iron and a stone were thrown at me when the door was broken by Shears—they said, "Come out, you Irish bastards, we will give you Home Rule."</p>
<hi rend="smallCaps">
<persName id="t18960203-name-176" type="witnessName">
<interp inst="t18960203-name-176" type="gender" value="male"/>
<interp inst="t18960203-name-176" type="surname" value="FOLEY"/>
<interp inst="t18960203-name-176" type="given" value="JEREMIAH"/>JEREMIAH FOLEY</persName> </hi>. I am the husband of Norah Foley, and a tailor—on the Saturday night Walker knocked at the door and challenged you down to fight—on Sunday, at dinner time, he renewed the disturbance—on the Sunday night, about 11.5 he, in company with Newton, Shears, McDonald, and others, knocked violently at the door and said they intended forcing their way in if we did not go and fight with them, and that they intended to murder us—I said I would fight any one of them; and they said they would not give me the opportunity to fight if they</p>
<xptr type="pageFacsimile" doc="189602030045"/>
<p>got me downstairs—at 11.30 there was a multitude of fifty or eighty half-drunken mutinised persons—they knocked at the door—I was in bed; I got up—in five or ten minutes after there came burst, burst at the door; and I heard a scream, and ran downstairs without any trousers on—the door was forced in and there were sixty to fixity persons flourishing sticks and things and saying, "Come out"—I ran back to my children—I do not remember seeing you—I had seen you two hours before.</p>
<hi rend="smallCaps">MRS. HEARNE</hi>. I am your mother, and live at 6, Shaftesbury Place; my husband is a tailor—at 11.30 on this Sunday night Shears, Newton, Walker, McDonald, and a gang of men came to the door and said, "Foley you come out, you b——Irish bastard, or else if you don't I shall tear you out of the place"—they burst open the door—there were about 100—when Shears was breaking the door with a hammer I holloaed out: "Murder! Police!" and said to Hannen: "This is not fair play; my sons are upstairs, and I am frightened of my life of Walker and Shears"—Newton was standing by the side of Shears; they are the two best fighters in the court—Shears was taken to the station, and I went and charged him—when the door was broken in all the men fell on the top of one another, and the prosecutor fell and got hurt among them, I think—I was away for half-an-hour at the station—my husband got knocked down in the passage, and my little girl got a black eye—this poker never belonged to me.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-177" type="witnessName">
<interp inst="t18960203-name-177" type="gender" value="male"/>
<interp inst="t18960203-name-177" type="surname" value="HEARNE"/>
<interp inst="t18960203-name-177" type="given" value="DENNIS"/>DENNIS HEARNE</persName> </hi>. I am a tailor—at 11.30 on this night I saw the lot coming to my house, and they smashed the door; I could not see who did it—my sons had nothing in their hands to commit this deed—no one knew the prosecutor was downstairs till my daughter found him—I don't know how he got downstairs—I was struck, and got a slight black eye.</p>
<hi rend="italic">William Hearne, in his defence, stated that when the mob came he had only a foot rule, with which lie was measuring a coat; that they burst in the door, and Newton must have been fatten on, and so received his injuries; and that when he was found in bed he was suffering from a kick.</hi> </p>
<hi rend="italic">Driscoll stated that he was helping to make a coat when</hi> 80 or 100
<hi rend="italic">people came, and he denied that he had injured Newton.</hi> </p>
<hi rend="italic">The</hi>
<hi rend="smallCaps">COMMON SERJEANT</hi>
<hi rend="italic">considered that there was not sufficient evidence to go to the</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">as against</hi> </p>
<hi rend="largeCaps">ANDREN HEARNE</hi>.—
<hi rend="smallCaps">
<rs id="t18960203-208-verdict-1" type="verdictDescription">
<interp inst="t18960203-208-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18960203-208-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">WILLIAM HEARNE</hi> and
<hi rend="largeCaps">DRISCOLL</hi>
<hi rend="smallCaps">
<rs id="t18960203-208-verdict-2" type="verdictDescription">
<interp inst="t18960203-208-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18960203-208-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">WILLIAM HEARNE</hi>
<hi rend="italic">then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony in August</hi>, 1893.
<hi rend="italic">Nine other convictions were proved against him—
<rs id="t18960203-208-punishment-29" type="punishmentDescription">
<interp inst="t18960203-208-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-208-punishment-29" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-208-18960203 t18960203-208-punishment-29"/>Three Years' Penal Servitude</rs>.</hi>
<hi rend="largeCaps">DRISCOLL</hi>
<hi rend="italic">
<rs id="t18960203-208-punishment-30" type="punishmentDescription">
<interp inst="t18960203-208-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18960203-208-punishment-30" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-208-18960203 t18960203-208-punishment-30"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18960203-209">
<interp inst="t18960203-209" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-209" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-209-charge-1" targOrder="Y" targets="def1-209-18960203 t18960203-209-offence-1 t18960203-209-verdict-1"/>
<join result="criminalCharge" id="t18960203-209-charge-2" targOrder="Y" targets="def2-209-18960203 t18960203-209-offence-2 t18960203-209-verdict-na"/>
<join result="criminalCharge" id="t18960203-209-charge-3" targOrder="Y" targets="def3-209-18960203 t18960203-209-offence-2 t18960203-209-verdict-na"/>
<persName id="def1-209-18960203" type="defendantName">
<interp inst="def1-209-18960203" type="gender" value="male"/>
<interp inst="def1-209-18960203" type="age" value="37"/>
<interp inst="def1-209-18960203" type="surname" value="HEARNE"/>
<interp inst="def1-209-18960203" type="given" value="ANDREW"/>
<hi rend="largeCaps">ANDREW HEARNE</hi> </persName> was
<hi rend="italic">further</hi> indicted with
<persName id="def2-209-18960203" type="defendantName">
<interp inst="def2-209-18960203" type="gender" value="male"/>
<interp inst="def2-209-18960203" type="age" value="27"/>
<interp inst="def2-209-18960203" type="surname" value="HEARNE"/>
<interp inst="def2-209-18960203" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM HEARNE</hi> </persName> and
<persName id="def3-209-18960203" type="defendantName">
<interp inst="def3-209-18960203" type="gender" value="male"/>
<interp inst="def3-209-18960203" type="age" value="25"/>
<interp inst="def3-209-18960203" type="surname" value="DRISCOLL"/>
<interp inst="def3-209-18960203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DRISCOLL</hi> </persName>
<rs id="t18960203-209-offence-1" type="offenceDescription">
<interp inst="t18960203-209-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18960203-209-offence-1" type="offenceSubcategory" value="wounding"/> for unlawfully assaulting
<persName id="t18960203-name-181" type="victimName">
<interp inst="t18960203-name-181" type="gender" value="male"/>
<interp inst="t18960203-name-181" type="surname" value="NEWTON"/>
<interp inst="t18960203-name-181" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18960203-209-offence-1 t18960203-name-181"/>Charles Newton</persName>, and occasioning him actual bodily harm.</rs> </p>
<hi rend="italic">No evidence was offered by the prosecution against Andrew Hearne.</hi> </p>
<hi rend="smallCaps">
<rs id="t18960203-209-verdict-1" type="verdictDescription">
<interp inst="t18960203-209-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18960203-209-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday and Thursday, February</hi> 5
<hi rend="italic">th and</hi> 6
<hi rend="italic">th</hi>, 1806.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18960203-210">
<interp inst="t18960203-210" type="uri" value="sessionsPapers/18960203"/>
<interp inst="t18960203-210" type="date" value="18960203"/>
<join result="criminalCharge" id="t18960203-210-charge-1" targOrder="Y" targets="def1-210-18960203 t18960203-210-offence-1 t18960203-210-verdict-1"/>
<join result="criminalCharge" id="t18960203-210-charge-2" targOrder="Y" targets="def2-210-18960203 t18960203-210-offence-1 t18960203-210-verdict-1"/>
<persName id="def1-210-18960203" type="defendantName">
<interp inst="def1-210-18960203" type="gender" value="male"/>
<interp inst="def1-210-18960203" type="surname" value="MUNRO"/>
<interp inst="def1-210-18960203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MUNRO</hi> </persName> and
<persName id="def2-210-18960203" type="defendantName">
<interp inst="def2-210-18960203" type="gender" value="male"/>
<interp inst="def2-210-18960203" type="surname" value="MUNRO"/>
<interp inst="def2-210-18960203" type="given" value="ALEXANDER"/>
<hi rend="largeCaps">ALEXANDER MUNRO</hi> </persName>,
<rs id="t18960203-210-offence-1" type="offenceDescription">
<interp inst="t18960203-210-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18960203-210-offence-1" type="offenceSubcategory" value="other"/> Unlaw
<lb/>fully having in their possession, on
<rs id="t18960203-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18960203-210-offence-1 t18960203-cd-1"/>July 9th</rs>, certain articles intended for the food of man, which were unfit for the same.
<hi rend="italic">Another Count</hi>, Unlawfully possessing articles, on July 3rd and 18th, for the pur
<lb/>pose of preparation, which were unfit for food</rs>.</p>
<xptr type="pageFacsimile" doc="189602030046"/>
<hi rend="smallCaps">MR. MUIR</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. JAY</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. C. F. GILL</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. ARTHUR GILL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-184" type="witnessName">
<interp inst="t18960203-name-184" type="gender" value="male"/>
<interp inst="t18960203-name-184" type="surname" value="JUTSAM"/>
<interp inst="t18960203-name-184" type="given" value="MILLNER"/>MILLNER JUTSAM</persName> </hi>. I am a solicitor, practising at 24, Finsbury Pave
<lb/>ment, and Clerk to the Mile End Vestry—I was present, on December 13th, at the Thames Police Court when the defendants were charged with offences against the Public Health Act, 1891, Sec. 47—they elected to go for trial.</p>
<hi rend="italic">Cross-examined.</hi> The summonses, dated November 29th, were for having the material for the purpose of preparation for sale on October 3rd, 1895—another with having the materials for the purpose of sale on the same date—there were two other summonses for similar offences on 10th October—the defendants elected to 50 for trial through their solicitor.</p>
<hi rend="italic">Re-examined.</hi> I was also present on January 3rd, 1896, when the defendants again elected to go for trial for offences on July 9th, 1895—I had given them notice that the Magistrate would be asked to commit on that matter also.</p>
<hi rend="smallCaps">MR. GILL</hi>
<hi rend="italic">submitted that the prosecution were not entitled to go into the charge with regard to July 9th.</hi>
<hi rend="smallCaps">MR. MUIR</hi>
<hi rend="italic">contended that under the Sum
<lb/>mary Jurisiction Act the proceedings were quite in order, and that the case of</hi> Reg.
<hi rend="italic">v.</hi> Brown (1,
<hi rend="italic">L. R., Q. B.</hi>, 1895),
<hi rend="italic">covered this case. The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">held that the evidence was admissible.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-185" type="witnessName">
<interp inst="t18960203-name-185" type="gender" value="male"/>
<interp inst="t18960203-name-185" type="surname" value="TAYLOR"/>
<interp inst="t18960203-name-185" type="given" value="THOMAS"/>THOMAS TAYLOR</persName> </hi>. I am Medical Officer of Health for the Hamlet of Mile End Old Town—the Vestry is the sanitary authority for the district, which includes 42 and 42
<hi rend="smallCaps">A</hi> Ocean Street, which I visited on July 9th with Mr. Spender, a member of the Vestry—I walked in and said I had come to look round the premises—the defendants were opening tins of meat on a bench just round the door I went in by—some of the tins had been opened and the meat was bad—this is a correct sketch showing the premises (
<hi rend="italic">Copies produced and handed to the</hi>
<hi rend="smallCaps">JURY</hi>)—the meat was corned beef, which was going to be prepared; there were 2 lb., 4 lb., 6 lb., and 14 lb. tins—tins were opened in my presence, some of which were bad—I said I should seize those as being unfit for food—I asked Alexander what was going to be done with the corned beef—he said it was going to be ground up and used for various kinds of potted meats—on looking round the premises I saw a number of tins of salmon and lobster; some had been opened—some the defendants opened at my request—those that were bad I seized—on another bench, opposite this bench, were small tins of meat in a box or case—I said, "Some of these are blown"—they were bulged at each end outwards; that indicates that gas had formed inside and blown the tins out—they were not fit for food—Alexander said, "I know they are a failure"—there were, I think, eighty four tins of bloater paste—some were opened subsequently some of the corned beef was mouldy on the top when the tins were opened—one of the defendants, both were present, said, "Yes, we
<hi rend="italic">chuck</hi> this meat out of the tin, cut a thick slice about an inch off the top, and smell the remainder"—I said I should seize it—one of the defendants agreed the small tins were</p>
<xptr type="pageFacsimile" doc="189602030047"/>
<p>bad, and said they were going to have them destroyed—I asked them where they purchased the meat, and the salmon and lobster—they said the meat came from Bundock's, and the salmon and lobster from Todd Brothers—I asked if they had any invoices, and they produced these two from Todd Brothers, containing the words, "We will always change any
<lb/>thing absolutely useless for you"—I said, "I shall take the whole of these round to Thames Police Court"—that meant all I had seized—I took them, the Magistrate saw them, and they were condemned—I seized four 14 lb., ten 6 lb., eight 4 lb., and five 2 lb. tins of corned beef; also eight-four 2 oz. tins of bloater paste, twelve tins of salmon of from 1 lb. to 2 lb., and seven tins of lobster about the same size—the salmon and lobster may have been 1/2 lb. tins—the total seized was 130 tins—I gave them to our Sanitary Inspector, Mr. Lyon, with the invoices produced and my instruct
<lb/>tions; within about a fortnight the articles were examined by him—Alexander described the process of manufacture—he said the corned beef was ground up, and made into various kinds of potted meats; the meat was put into tins, which were soldered down, and subjected to heat, pricked, and after the air was out, re-soldered—all I saw were in tin cases and hermetically sealed—as to some red herrings, I said, "What is done with this?—Alexander said, "Those are ground up, mixed with margarine, which you nee, and made into bloater paste"—on October 3rd, in consequence of information I received from Bastian, I next visited the premises with Lyon—I entered by the same door—I saw in the centre of the premises some cases containing tins of meat and rabbit—on the top of the cases were a number of opened tins; six of these were bad—the defendants agreed that they were bad—I said I should seize them—I asked one of them to open some tins of corned beef—afterwards, both Alexander and John opened twelve, seven of which were bad, and about half-a-dozen tins of rabbit, two of which were bad—whilst John was opening these tins, and the inspector was super
<lb/>intending, I went round the premises; on coming back I saw Alexander standing at the entrance of what is marked on the plan as "Coal Store," and there I saw about sixty tins of soup—they were below, leaking and blackened—I said I should seize them as being bad and unfit for food.—Alexander said, "I know they are bad, they are going to be put in the furnace three or four at a time"—I said, "It will take a long time to get rid of them"—one tin of soup was found in the centre of the place near the tins—that was bad—I then requested Alexander to open some more—he said he might open the whole of them, and if they were good they could not possibly use them before they went bad—then I said I should take the whole I considered bad of the meat, the soup, and the rabbit to the police-court—he asked me to give him a note of all I seized—I at first refused, but he said he would not let the goods go off the premises, and I afterwards gave him a note—I did the name in July—he repeated the request, and said if I gave him A note he would get "others," or "good ones" for the ones seized—I said, "Where did this meat come from?" John said, "From Bundock's Alexander said, "No, it did not."—I then asked for invoices, which Alexander refused, and said, "I should like to have this matter thrashed out"—I said, "You will have an opportunity, no doubt, now"—about October 10th I received further information from Bastian, in consequence of which I called at 42,</p>
<xptr type="pageFacsimile" doc="189602030048"/>
<p>Ocean Street, with Lyon—I went in at the same door—I saw John Munro standing close to a bench—I said, "Have you any meat on the premises for me to see?"—he said, "No, only bloater paste, which you see we are making"—I looked round the ground-floor, including the Coal Store, and Lyon went the other side of the premises—on the bench was a large mass ground up—a mixture—John called Alexander down stairs—then Lyon called my attention to another part of the premises on the ground-floor, marked on the plan, at the end of a passage, close to the w.c.—behind a door I saw a number of tins of meat stacked up and opened—the inspector, Alexander, and myself were then in the yard—I said, "What are these?" indicating the meat that was stacked—Alexander said, "Oh, those are all good but two"—I examined them, and found eight out of eleven which I considered unfit for food—a number of large closed tins were lying in the corner unstacked—I said, "What are these?"—he picked up several, examined them, threw them down again, and said, "These are all right"—I said, "Open some of them for me"—he absolutely refused—I said I should do so myself, and Lyon began to open some—we opened six, four of which were bad—I said I should seize the lot, those that were unopened as well, the 4 and the 8—he said, "They are a very bad lot for the Magistrate to see, but they are good"—he picked up one of the four and smelled it—he said, "I shall have an opportunity of refuting this"—I said it was bad—he said, "I would swear to them in any court in, England"—I said, "You will be taken to the Court, and at two o'clock this afternoon you will have an opportunity"—became to the Courtat two o'clock with his solicitor—the Magistrate examined and condemned the meat—Alex
<lb/>ander did not make any objection—I saw two canes tied with rope—I said, "What are these?"—he said, "They have nothing to do with you"—I said, "I shall see for myself," and I pulled the top off the cases—I took out-several small tins of potted meat with labels round them like
<hi rend="italic">these</hi>, which I took off. (
<hi rend="italic">Two labels were, produced, one of potted tongue and one of chicken, on which was</hi> "Palmer Brand,"
<hi rend="italic">a trade mark of a Palmer or Friar</hi>, and, "A Delicious Relish; Palmer's Bombay Works, Ocean Street, London, E"—I opened four or five—I said, "These are bad, and unfit for food"—he said, "I know they are; they are returns"—that was returns to them—I seized forty tins of potted meats and one tin of rabbit—one case con
<lb/>tained nine dozen and another six dozen of assorted potted meats—there were 221 tins altogether—I left on the premises five of corned beef, which I found all right—on 3rd October I seized twelve 6-lb. tins of corned beef, one 4-lb. tin, and two 2-lb. tins of rabbit, sixty-one 2-lb. tins of soup—seventy-six tins; in July 130 tins—I saw no bloater paste left on the premises in July, only salmon, lobster, and tinned meats—on October 3rd I do not remember any soup being left; there was a quantity of beef, and probably two cases of rabbits—the corned beef seized was a dark colour, black in places, and had an offen
<lb/>sive odour.</p>
<hi rend="italic">Cross-examined.</hi> If the bad meat were mixed with good food it would destroy it—it would make it unfit for food in time—if some of that seized were mixed with a large quantity of good meat it would probably neither smell nor taste after a time—the good would become bad in time—I mean it would not blow out for probably a week or a fort—</p>
<xptr type="pageFacsimile" doc="189602030049"/>
<p>night—that is the shortest time I can think of—the blowing out of the tin is one suspicious circumstance—it would put me on my guard—there was no difficulty in detecting that the meat was bad—the furnace would not influence it—I do not suppose any human being would purchase soup in the condition this was—it was like water—it had some fatty substance—I had visited the place some months before July 9th—the defendants said that any time I came I should find bad meat on the premises, and I said it would be my duty to seize it—I asked them what they did with the bad meat, they said their practice was to return it and get fresh tins in their place—I was not told that skilled men were employed to test everything that was used—I saw others there—I know nothing of Howse—a small fraction would turn out bad—I was not told the first lot had not been examined—I did not know when it had come in—I saw an invoice of July 4th, and one of July 9th of Todd Bros.—when I had said the potted meat was bad one defendant said, "I know they are"—they said something had gone wrong in the process—I do not remember their saying the tins were defective—I made this note of what took place on July 9th, the same day (
<hi rend="italic">Produced</hi>)—the invoices were given to the inspector—I made inquiries of Todd Bros.' manager the next day—the soup tins held about a quart—nothing was said about the soup being intended for sale—nor whether the tins found in the passage had been examined—there was no roof to that part which was an extension of the passage outside the factory—I had no interview with the defendants after the 10th—I took no proceedings.</p>
<hi rend="italic">Re-examined.</hi> I report to the Vestry; they ordered the prosecution on the advice of their solicitor—they meet every fortnight—I have made no experiment as to how long it takes for meat to go bad—the defendants called no skilled person to test the meat at any interview—nor suggested such a person was on the premises—bad soldering of tins would not account for the meat going bad—I was cold there were other invoices than the two produced—no others were produced at that time.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-186" type="witnessName">
<interp inst="t18960203-name-186" type="gender" value="male"/>
<interp inst="t18960203-name-186" type="surname" value="SPENDER"/>
<interp inst="t18960203-name-186" type="given" value="HAROLD"/>HAROLD SPENDER</persName> </hi>. I am a journalist and one of the Mile End Vestry—I accompanied Dr. Taylor, on July 9th, when he visited these premises—the first thing I saw on getting inside the door was a large number of tins of meat on the left side—as far as I remember I saw the two defen
<lb/>dants, but they have a brother who is very much like them—a large number of tins were opened at Dr. Taylor's suggestion, and a slice was cut off one piece, and Mr. Munro said that the meat was good, and Dr. Taylor said that it was bad—I then fetched a truck and had the things fetched away.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-187" type="witnessName">
<interp inst="t18960203-name-187" type="gender" value="male"/>
<interp inst="t18960203-name-187" type="surname" value="LYON"/>
<interp inst="t18960203-name-187" type="given" value="FREDERICK HERBERT"/>FREDERICK HERBERT LYON</persName> </hi>. I am Sanitary Inspector for Mile End New Town—about July 12th I went to 42 and 42
<hi rend="smallCaps">A</hi>, Ocean Street, and asked John Munro for the invoice which he showed to Dr. Taylor—he gave me three of Lundoffs', and said, "I marked one of the invoices"—he said that he could not find the invoice of Todd Bros'., but he believed Alexander had it—I left my card, and asked him to send it, and after
<lb/>wards received one by post, marked E.</p>
<hi rend="italic">Cross-examined.</hi> I was there on October 10th when Dr. Taylor went into the factory; one of the cases was closed—I have said, "One case at least was open"—six tins which were in a case were opened—I did not open more than three cases; I selected the tins I wanted opened.</p>
<xptr type="pageFacsimile" doc="189602030050"/>
<hi rend="smallCaps">
<persName id="t18960203-name-188" type="witnessName">
<interp inst="t18960203-name-188" type="gender" value="male"/>
<interp inst="t18960203-name-188" type="surname" value="BASTIAN"/>
<interp inst="t18960203-name-188" type="given" value="CHARLES"/>CHARLES BASTIAN</persName> </hi>. I am a mat-maker, of 40, Cadiz Street; I make my mate at 26, Ben Jonson Road—the defendants occupied a stable opposite my place; I have seen Alexander there—that is their carman (
<hi rend="italic">Ben Manning</hi>)—I saw him take one lot of cases in which looked like tinned meat cases—twenty or thirty cases, with tins in them, were on the van—that was about October 8th or 9th—I smelt a horrible smell from the stable, and complained to Dr. Taylor about it twice, and looked through a partition in the next stable and saw twenty or thirty cases and some tins with the lids off, and two girls working there—I saw their hands going round the tins, as it they were opening them—I could smell through the little crack a faint, horrible smell—I complained to the doctor once while the girls were there—I have seen open tins taken away from the stable in cases several times, four at a time, and once there were six—one morning I went the same way as the cart, and it stopped at Munro's fac
<lb/>tory—the smell continued for about a week after I complained to Dr. Taylor; I have not noticed any bad smell since.</p>
<hi rend="italic">Cross-examined.</hi> I have lived there about fifteen months, and was there pretty well every day—I did not smell the stable before October.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-189" type="witnessName">
<interp inst="t18960203-name-189" type="gender" value="male"/>
<interp inst="t18960203-name-189" type="surname" value="WILLOUGHBY"/>
<interp inst="t18960203-name-189" type="given" value="JOHN HENRY"/>JOHN HENRY WILLOUGHBY</persName> </hi>. I am an estate agent, of 2
<hi rend="smallCaps">A</hi>, Ben Jon
<lb/>son Road—I let a stable at 3s. 6d. to Manning, in the name of Munro; that is the man (
<hi rend="italic">Manning</hi>)—this is the rent record (
<hi rend="italic">Produced</hi>) it is made out in the name of Munro—Manning paid the rent at first, and after
<lb/>wards one of the prisoners when I called for it—they are still in posses
<lb/>sion of the stable, and paying rent for it.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-190" type="witnessName">
<interp inst="t18960203-name-190" type="gender" value="male"/>
<interp inst="t18960203-name-190" type="surname" value="PERRIN"/>
<interp inst="t18960203-name-190" type="given" value="ARTHUR CHARLES"/>ARTHUR CHARLES PERRIN</persName> </hi>. I live at 21, Arundel Road, Forest Hill—I am principal buyer of the fruit and tinned goods department of Messrs. Stanler, 150 and 151, Fenchurch Street—I have had eight years' experience in buying tinned meat, and buy 8,000 or 10,000 cases of tinned provisions in a year for them—this invoice A, shows five cases of corned beef, without saying the size—they are sold in 1 lb., 2 lb., 6 Ib. and 14 lb. sizes—2 lb. tins are about 14s., and 4 lb. tins 14s. to 20s. a case; 14 lb. tins are 30s.—there are sometimes twenty-four tins in a case, and sometimes forty eight—you cannot purchase corned beef at 12s. a case and get honest meat—the price on invoice E is 10s. a case of 6 lb. tins; the price of them is 20s. to 28s.—the next is three cases of 1/2 lb. lobster at 8s.; the value of that is 40s. a case; it is one-fifth of the wholesale market price—nearly all salmon is in 1 lb. tins; it was possible to buy that at 15s. last July—F does not say what number of tins—here are two cases of tinned rabbit; they are generally 1 lb. tins, at about 7s. a dozen—the price here is 10d.—I could not buy it sound at that price—we have acted as agents for the sale of Palmer's goods for about ten months—it is the practice to allow for tins of bad meat; we sometimes have them back and sometimes not; the average of returned goods is not more than one per cent., and upon Palmer's goods returned it is about six per cent; the total dealings we had with Palmer's are 1,482 gross supplied and 83 gross returned; that makes up the six per cent.</p>
<hi rend="italic">Cross-examined.</hi> The price of tinned beef is affected by the market; if I bought it at 12s. a case I should doubt it, but I do not think we should entertain it at all; I have bought some lately, but nothing so low as that—I have bought meat from Liebig, and Arnold, and</p>
<xptr type="pageFacsimile" doc="189602030051"/>
<p>Brooks, dealing direct with them—we did not have Palmer's meat at our place, I think my junior went once or twice to their premises—we have sold 482 gross; that means over 200,000—Dr. Taylor called, I think, in November—we had one instance since July 1st of Palmer's goods being returned—we distribute to the smaller grocers—a customer would pretty soon find out if it was bad—I have seen it worked out from the books—six per cent, is rather a heavy percentage—goods are very often returned in consequence of the bulging of the tins—the beef I speak of buying came straight from Eastman's—lots of tinned beef are sold at auctions at a lower price than it can be obtained for from the manu
<hi rend="italic">Re-examined.</hi> Bulging of the tins indicates that air has got into the tin, and the contents are bad—by this document (
<hi rend="italic">Produced</hi>) I find six gross supplied by Morrell, of Bradford, on September 6th, and thirty-six tins returned; on August 21st, one gross supplied, and six tins returned; on August 16th, three gross supplied, and seventeen tins returned on October 31st; on October 2nd, one gross supplied, and the whole quantity returned as bad on the 22nd; on August 21st, one gross supplied, and one hundred and eight tins returned on November 15th; that is 108 out of 144, and out of a lot supplied on January 26th two grots were returned—some from Harding, of Croydon, and Granger, were credited to us, but not returned; they took our word—our traveller gets the orders and we send them up to Palmer's, who would send them on to the customer—I have never hoard it suggested before to-day that the gross to Docker was returned because it was not ordered.</p>
<hi rend="smallCaps">
<persName id="t18960203-name-191" type="witnessName">
<interp inst="t18960203-name-191" type="gender" value="male"/>
<interp inst="t18960203-name-191" type="surname" value="YOUNG"/>
<interp inst="t18960203-name-191" type="given" value="WILLIAM CHARLES"/>WILLIAM CHARLES YOUNG</persName> </hi>. I am an analytical chemist, of 19 and 20, Aldgate, and Fellow of the Institute of Chemistry of Great Britain and Ireland, and of several scientific societies, and public analyst of the Whitechapel district, and hold other public appointments—I have for many years had experience in the examination of animal matter in the various stages of putrefaction, and am acquainted with the chemical changes which take place—I have heard Dr. Taylor's description of these articles—in my judgment they were absolutely putrid—it is possible, by heating putrid meat and flavouring it with spices, to remove the taste and smell, and it would then pass as good, but it would probably be poisonous—it might keep for an indefinite period, assuming that all the germs of putrefaction were destroyed, but if a small quantity of air was left be
<lb/>hind, putrefaction would re-appear; the time would depend on the germs left behind and the temperature in which it was; in some cases it would show germs of putrefaction in three days, and in other places three months—if the meat had mould on the top, none of it would be safe to eat.</p>
<hi rend="italic">Cross-examined.</hi> It is possible so to treat meat that the objection, would be removed; you would know it as cooked meat; and, with flavour
<lb/>ing, the public would not recognise it, but it would still retain the poisonous matter, which would be deleterious to health—it is practically impossible to destroy all the germs, but it is possible to neutralise them over a period of three months; the principal process is great heat to destroy the animal matter—by using water which contains chalk they get a higher heat than with plain water.</p>
<xptr type="pageFacsimile" doc="189602030052"/>
<hi rend="italic">Evidence for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18960203-name-192" type="witnessName">
<interp inst="t18960203-name-192" type="gender" value="male"/>
<interp inst="t18960203-name-192" type="surname" value="MUNRO"/>
<interp inst="t18960203-name-192" type="given" value="ALEXANDER"/>ALEXANDER MUNRO</persName> </hi>. I am one of the defendants in this case—my father's name was Donald Munro—he was engaged in this business up to July last, and I was brought up to it—I am now twenty-six—my brother was over me, not this brother—another brother was employed as a general workman—I took the management on July 27th, after which I had the control of the business, and my brother John assisted me—Palmer had carried on the business which my father acquired, and his name was always continued in the business, which is that of preservers and packers of potted meat and soups—our staff varied in winter, but it was about fifty in the summer—after July, Howard was employed as
<hi rend="italic">chef;</hi> he had a special know
<lb/>ledge of the work; he came to us from one the biggest houses in the land, Peck's, in Snow Hill—I was the buyer from July 26th; sometimes I could buy as many as 100 cases at a time, sometimes I could buy only small quantities—the bulk of the meat comes from America—shipments arrive every week; sometimes they are small, and sometimes very large—from July to the end of the year I bought about 800 to 1,000 cases—the meat so bought is brought on to the premises direct from the seller and packed in a warehouse, and when we are going to use it the things are all opened, and it goes before the
<hi rend="italic">chef</hi> for examination, and if he finds a bad one he puts that on one side—when the whole of the parcel is examined, the bad ones are returned to the seller and credited to our account, or others given in the place of them—no meat is allowed to be prepared for food before it has passed the
<hi rend="italic">chef</hi>, after that it is taken from the tin, put through a machine, put on a bench and spices added to it, and it again goes through the machine; it is then taken from the machine-room to the filling-out machine, after which it is soldered down and then examined for leaks; they then go to the preserving tank and are boiled in water at boiling point; the steam is turned on; they are then taken from the tank and pricked in a small hole to allow the air to escape; the hole is then re-soldered, and they are put back into the preserving tank until they are preserved sufficiently, and the tins are wiped before they go upstairs—we have thousands of customers—the manufactured stock was kept on the top floor, the bulk of it, and some in the larder, which is on the ground floor, referred to as the passage—we made from 10,000 to 12,000 tins a day, and the turnover from July to December was about £17,000—I have purchased meat of Bundock, Todd, Steade, and Bishop, which is one of the biggest houses in the trade—we do not buy of McCall; we cannot buy large enough—I have bought good meat at those prices from all those people, and below those prices—some tins are spoiled in the soldering process; we very often find a leaky tin sent us; it floats on the water, but the contents would not be bad—we take back bad tins at any time—we sent out six or seven million tins between July and the end of the year, and we have not had one complaint as to the condition of the meat—the name "Palmer" was not on all the tins we sent out; some wholesale people prefer their own label put upon them, and we have them printed for them, but on the others the name is Palmer—Dr. Taylor came on July 9th—tins sometimes give from bad soldering; anybody who passes and sees a tin floating, takes it out and it is sent to Stevens' shoot, or burnt in the furnace—as to stock</p>
<xptr type="pageFacsimile" doc="189602030053"/>
<p>returned, customers sometimes put it in a damp place; that has more effect on them than anything, and at times they are placed in a grocer's window near the gas, and almost baked; but whatever the fault is, we take them back, even if caused by the customers—it is not to our interest to have returns; it damages us; it is not necessary that the contents of the tins should be bad that they should be credited—one wit
<lb/>ness Perrins never communicated with me, though I was still supplying him with large quantities; we sent them a quarter of a million labels of a special brand just before this prosecution—Dr. Taylor came to our place on three occasions but never examined the stock; on the second occasion, October 3rd, he looked at a few tins in the stock room and found nothing, and went down again; he found it was all good, and took nothing from there—on July 9th eighty-four tins of potted meat were seized, they were on a stove in front of the preserving tank by themselves entirely separated from our stock—they were all what we call traitors; none of them were intended to be sold—the bulk of our tins which would go to the public were on the first floor, but, of course, there is always a large amount of stock downstairs, because it is coming out of the tank all day; but as soon as it is manufactured it goes upstairs—the sixty-one tins of soup were found three feet from the boiler door—there is a passage where coal is kept; that is where they were found—the contents might not have been bad, but the tins were—they were going to be burnt—we should not put them on the fire while we were using steam—the other lot came from customers; those were the two oases which were taken from the yard, and contained tins of potted meat—I showed them to Dr. Taylor; they must have been supplied some time before, because it was an old label—we had no intention of re-selling them; we sometimes examine returned tins, and if we found any of them good we should have to re-lacquer and re-label them, and we should not feel justified in doing that—six tins of corned beef were on top of a stack of cases labelled "bad"—they had been condemned by the
<hi rend="italic">chef</hi>—when Dr. Taylor asked for the bad ones we sent for them to the back yard, and brought in thirteen or fifteen tins of corned beef, which had already been opened and condemned by the
<hi rend="italic">chef</hi>—the doctor then asked for other tins; we opened some others, and one tin the doctor said was bad, and I said that it was good; we had an argument about it, and eventually the doctor left it behind—those tins had not been opened before, either by me or the
<hi rend="italic">chef</hi>—the lot brought from the yard came from Dunlop, and the others from Todd Brothers, on the same day that the doctor came—nothing had been done to them before he arrived; they were on the van, and we had no opportunity—as part of the same purchase from Todd Brothers, there was a quantity of calinon and lobster which came in that way—an invoice was produced that day—the lobster we bought was from a lot Todd Brothers had had; it was a parcel made up of odd tins; odds and ends, and others were damaged in the side, and would not sell in a shop—the lobster turned out better than the salmon—we gave a fair market price for the corned beef; I have bought it since, and I could buy it to-day—there is no difficulty whatever in getting good tins from people whose tins we object to—it would be impossible to put bad meat with good, one taint of sour-ness would turn a dozen tins bad—invoices were sent for, and we gave them—there was another visit on October 3rd—the thirteen tins seized</p>
<xptr type="pageFacsimile" doc="189602030054"/>
<p>that day came about October 1st, from Webster's—they are in a large way of business with regard to meat—this is their invoice (
<hi rend="italic">produced</hi>)—Mr. Webster is here—on October 3rd we had some hundreds of tins in the factory—the cases opened that day were opened in Dr Taylor's presence—none of them had been examined by the
<hi rend="italic">chef</hi>—we were asked to open particular tins selected for the purpose—I told the doctor he might open any number of tins, but we should not be able to use them before they went bad—we can only use a certain number of tins a day, and we are not making meat all day, we are making bloater paste—we begin work at seven a.m., and the doctor came at eleven; we like to use the meat the same day as we open it—we had eight cases of rabbit in stock from Webster's, which represents 192 tins, and two tins were found—Webster brought a tin of rabbit a few days before, as a sample; we opened the tin, found the contents good, and bought the rabbits, but we kept the sample tin to see if the bulk corresponded with it; it was thrown under a bench—the doctor opened about eight of the other tins, which he selected, and found one bad one; the tins were still in the cases just as they were delivered—we had the sample tin open several days be
<lb/>fore, and it was rotten, but we had to see that we got the same sized tin as the sample—the tin was brought in, and opened, and found to be good—the price given for them was the price at which we could buy them good—on October 3rd, when the six tins of soup were spoken of, we had 18,000 tins in the larder upstairs—that is not an open place by the w.c., it is beyond the office—when Dr. Taylor came on October 10th, we had between 400 and 600 tins of beef on the premises, some in the passage, some in the factory, and some in the larder—there were tins of meat in the yard which had not been examined—we had had a consignment of meat from Webster that day, and there was a consignment of 2 lb. tins of beef from Stephen Bishop on the safe—I cannot say when that had come in—there were three stacks of tins in the yard, just put down, which had not been examined, and another lot which had been turned out of the cases and not examined, and another lot which had been examined and not passed, found not good—the good ones were either standing open, or had been taken into the factory—some of them had been examined when the doctor came—I came down and saw the doctor in the yard—he opened quite fifty tins on the third occasion—between thirty and forty were found bad, and he took away five or six—they were bulged and pricked—the doctor asked me to open tins; I refused; I had given him every assistance, and had already told him that we wanted the matter thrashed out—he left two cases and some odd tins open and good—I say that what the doctor says is not correct—he opened the tins in the yard and handed to me what he said were, good, and we put them just inside the door, and the bad ones he had put in the passage—I had in my possession when he went tins which had been passed and taken into the factory, and tins opened while he was there and passed; and, further, we had sent in on the evening of his visit of October 10th a van-load of beef which we had on the premises; he did not care to examine the meat that was in the factory, but he came in at the factory door and saw it; he made direct for the yard, and after he had done with the yard he went away—forty or fifty cases were not opened; we cannot decide upon them without opening</p>
<xptr type="pageFacsimile" doc="189602030055"/>
<p>them—we desired to ascertain what our position was, and I said, "We are anxious to have it thrashed out; a tin of meat must come into our possession before we can examine it"—we were not visited from July to September—he did not ask where our prepared stock was, or take away anything which we had prepared for sale which would have gone to the public—each time he called we were manufacturing either meat or bloater paste, and he looked at it and smelt it—we said on October 10th that it was necessary for the meat to come into our possession before we could examine it.</p>
<hi rend="italic">Cross-examined.</hi> I have had about five years' experience in the manu
<lb/>facture of tinned meat, and in buying it twelve years—I do not want any
<lb/>body to tell me whether meat is bad—the
<hi rend="italic">chef</hi> was present, and opened some of the tins—we did not invite the doctor to any place; he had a right to go where he liked; I did not tell him our stock was upstairs; he never asked—our staff is male and female; we have machine girls to attend the machines which grind the meat, and we have fillers up and blockers up, and glazing girls—the examination of tins cannot be done elsewhere; in the factory it could be popped into the machine, but it would be at our own cost, and spoil the batch—if the
<hi rend="italic">chef</hi> left his duties to examine the meat we should
<hi rend="italic">sack</hi> him; we do not examine hundreds of cases of meat every day—we first used the stable as a stable, and on October 10th
<hi rend="italic">Ben</hi> Allen took a van-load of meat there; that was the first day we had any meat in the stable; of course some of it was bad, but we could not find that out till the cases were opened—we sent the meat to the stable because we had not room for it—Dr. Taylor knew it was there—I am satisfied we did not send the meat there till the evening of the doctor's visit—I did not notice if it had a horrible smell; there was a tremendous smell at the stable, but that arose from three water-closets at the back of Bastian's—I did not know that at the time; I learnt it on Tuesday or Wednesday last week—the closets were not in our stable, they were close at the back of it—I informed my solicitor of it—I observed that Bastian was not cross-examined as to that—I take it as a fact that at the Police-court Bastian was cross-examined as to whether the smell arose from stable manure—we employed two girls in the stable to open the tins with an opener; they are here, and so is
<hi rend="italic">Ben</hi> Allen—I will not swear he did not take in two cases the following morning—I was not at the stable while the two tins were being opened, and cannot speak as to the smell—I say that it had no bad smell; if there was any hole, it would smell—Stevens' shoot is for rubbish; they are dust contractors; we contract with them to remove bad meat from our premises as rubbish; we pay 6d. for two tons, or two van-loads—I have no book to show, we should only put down "shoot money, 6d."—we have not sent any 2 lb. tins to them; we send those to Somers—I did not buy this meat on invoice E; my father bought it before I took the business that was shown to Dr. Taylor when he visited our premises—it was re
<lb/>ceipted when the money was paid, and I should say that the meat was paid for on delivery, speaking from what we do now—in the event of Manning going with the goods, which I believe he did, someone would go with him to pay the money—this memorandum, "We will change any
<lb/>thing that is absolutely useless to you," was on this invoice when we</p>
<xptr type="pageFacsimile" doc="189602030056"/>
<p>showed it to the doctor—Todd Brothers do not always put that on their invoices, but it was put on this one because there had been a bother about some goods which they said were not unsound—it would have been just as well to put, "We will return any tins which are bad"—the lobsters are very cheap, I heard they were worth 40s., and these are 8s.; they had no market value so far as the shop-keeper is concerned—I daresay he would have taken 6s. for them; they were perfectly good, but their appearance condemned them; more than a dozen, I should say two dozen, were opened, and seven were bad—I know there were more than a dozen by the space they occupied on the bench—I do not consider that a good propor
<lb/>tion; we should have got an allowance for the seven—I have got no note of the number opened; I do not say that the doctor is telling a lie about it—these five cases of corned beef in invoice A contained 72 lbs. each, but I cannot tell you what sized tins they were—none of the goods which I sent out after I took charge of the business, on July 28th have been returned, not one tin—in the case of Docker, of Birmingham, where one gross was sent out and one gross returned, that was because they could not effect the delivery, the consignees refused to accept them—this docu
<lb/>ment is from the consignee. (
<hi rend="italic">This was dated October 7th, and stated that the meat was returned because it was very bad and unfit for sale; that he should require more, but had rather not receive more just yet</hi>)—we had supplied meat to Docker prior to July 29th—we often take meat back six or seven months afterwards—the cases weigh 21 lbs. or 22 lbs.—we supplied two gross in September to Morrell, of Bradford, and on October 7th thirty-six tins were returned, but the bad ones may have gone out with a prior consignment; we have never had a tin of Star brand sent back—I swear that none of the Star were returned after July 20th; in the event of it being only two or three tins the carriage would come to more—I took Mr. Perrin's word for it that Harding was supplied with twenty-one gross; 108 were not returned to us—as far as Harding, of Croydon, is concerned, I could say immediately if I saw the tin, but I have not seen it—I say that we have not had a tin returned which has been manufactured since July 6th—we keep about three weeks' stock in hand—we supplied Ranger, of Red Hill, with three gross, and on January 1st he returned two gross; many persons have returned their goods owing to this prosecution—we can produce the letters—as to destroying by burning, we could put in five gross of them without adding any fuel—that is a very good way of destroying soup, and very inex
<lb/>pensive—the returns on October 10th were manufactured before I took over t