<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 type="sessionsPaper" id="t19050109">
<interp inst="t19050109" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109" type="date" value="19050109"/>
<xptr type="pageFacsimile" doc="190501090001"/>
<xptr type="transcription" doc="19050109"/>
<div1 type="frontMatter" id="f19050109">
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<interp inst="f19050109" type="date" value="19050109"/>
<p>Sessions Paper.</p>
<p>POUND, MAYOR.</p>
<p>Short-hand Writers to the Court,</p>
<p>Law Booksellers and Publishers.</p>
<xptr type="pageFacsimile" doc="190501090002"/>
<p>On the King's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, January 9th, 1905, and following days.</p>
<p>Before the Right Hon.
<hi rend="largeCaps">
<persName id="t19050109-name-1" type="judiciaryName">
<interp inst="t19050109-name-1" type="gender" value="male"/>
<interp inst="t19050109-name-1" type="surname" value="POUND"/>
<interp inst="t19050109-name-1" type="given" value="JOHN"/>JOHN POUND</persName>, LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t19050109-name-2" type="judiciaryName">
<interp inst="t19050109-name-2" type="gender" value="male"/>
<interp inst="t19050109-name-2" type="surname" value="DARLING"/>
<interp inst="t19050109-name-2" type="given" value="CHARLES JOHN"/>CHARLES JOHN DARLING</persName> </hi>, Knight, one of the justices of His Majesty's High Court; Sir
<hi rend="smallCaps">
<persName id="t19050109-name-3" type="judiciaryName">
<interp inst="t19050109-name-3" type="gender" value="male"/>
<interp inst="t19050109-name-3" type="surname" value="KNIGHT"/>
<interp inst="t19050109-name-3" type="given" value="HENRY EDMUND"/>HENRY EDMUND KNIGHT</persName> </hi>, Knight, Sir
<hi rend="smallCaps">JOSEPH RENALS</hi>, Bart., Sir
<hi rend="smallCaps">
<persName id="t19050109-name-4" type="judiciaryName">
<interp inst="t19050109-name-4" type="gender" value="male"/>
<interp inst="t19050109-name-4" type="surname" value="NEWTON"/>
<interp inst="t19050109-name-4" type="given" value="ALFRED JAMES"/>ALFRED JAMES NEWTON</persName> </hi>, Bart., Aldermen of the said City;. Sir
<hi rend="smallCaps">FORREST FULTON</hi>, Knight, K.C., Recorder of the said City; Sir
<hi rend="smallCaps">
<persName id="t19050109-name-5" type="judiciaryName">
<interp inst="t19050109-name-5" type="gender" value="male"/>
<interp inst="t19050109-name-5" type="surname" value="BELL"/>
<interp inst="t19050109-name-5" type="given" value="JOHN CHARLES"/>JOHN CHARLES BELL</persName> </hi>, Knight,
<hi rend="smallCaps">
<persName id="t19050109-name-6" type="judiciaryName">
<interp inst="t19050109-name-6" type="gender" value="male"/>
<interp inst="t19050109-name-6" type="surname" value="SMALLMAN"/>
<interp inst="t19050109-name-6" type="given" value="HENRY GEORGE"/>HENRY GEORGE SMALLMAN</persName> </hi>, Esq., and
<hi rend="smallCaps">
<persName id="t19050109-name-7" type="judiciaryName">
<interp inst="t19050109-name-7" type="gender" value="male"/>
<interp inst="t19050109-name-7" type="surname" value="SIMMONS"/>
<interp inst="t19050109-name-7" type="given" value="WILLIAM CHARLES"/>WILLIAM CHARLES SIMMONS</persName> </hi>, Esq., other of the Aldermen of the said City;
<hi rend="smallCaps">
<persName id="t19050109-name-8" type="judiciaryName">
<interp inst="t19050109-name-8" type="gender" value="male"/>
<interp inst="t19050109-name-8" type="surname" value="BOSANQUET"/>
<interp inst="t19050109-name-8" type="given" value="FREDERICK ALBERT"/>FREDERICK ALBERT BOSANQUET</persName> </hi>, Esq., K.C., J.P., Common Serjeant of the said City;
<hi rend="smallCaps">
<persName id="t19050109-name-9" type="judiciaryName">
<interp inst="t19050109-name-9" type="gender" value="male"/>
<interp inst="t19050109-name-9" type="surname" value="SMITH"/>
<interp inst="t19050109-name-9" type="given" value="LUMLEY"/>LUMLEY SMITH</persName> </hi>, Esq., K.C., Judge of the City of London Court; and his
<persName id="t19050109-name-10" type="judiciaryName">
<interp inst="t19050109-name-10" type="gender" value="female"/>
<interp inst="t19050109-name-10" type="surname" value="JUDGE"/>
<interp inst="t19050109-name-10" type="given" value="HONOUR"/>Honour Judge</persName>
<hi rend="smallCaps">RENTOUL</hi>, K.C., Commissioner; His 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="t19050109-name-11" type="judiciaryName">
<interp inst="t19050109-name-11" type="gender" value="male"/>
<interp inst="t19050109-name-11" type="surname" value="STRONG"/>
<interp inst="t19050109-name-11" type="given" value="THOMAS VESEY"/>THOMAS VESEY STRONG</persName> </hi>, Esq., Alderman.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-12" type="judiciaryName">
<interp inst="t19050109-name-12" type="gender" value="male"/>
<interp inst="t19050109-name-12" type="surname" value="WOODMAN"/>
<interp inst="t19050109-name-12" type="given" value="GEORGE JOSEPH"/>GEORGE JOSEPH WOODMAN</persName> </hi>, Esq., J.P.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-13" type="judiciaryName">
<interp inst="t19050109-name-13" type="gender" value="male"/>
<interp inst="t19050109-name-13" type="surname" value="HOWSE"/>
<interp inst="t19050109-name-13" type="given" value="FRANCIS"/>FRANCIS HOWSE</persName> </hi>, Esq.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-14" type="judiciaryName">
<interp inst="t19050109-name-14" type="gender" value="male"/>
<interp inst="t19050109-name-14" type="surname" value="TIMBRELL"/>
<interp inst="t19050109-name-14" type="given" value="ANDREW WILLIAM"/>ANDREW WILLIAM TIMBRELL</persName> </hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="190501090003"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi> </p>
<hi rend="largeCaps">POUND, MAYOR. THIRD SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that the 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, January</hi> 9
<hi rend="italic">th</hi>, 1905.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="t19050109-115" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-115" type="date" value="19050109"/>
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<join result="criminalCharge" id="t19050109-115-charge-2" targOrder="Y" targets="def2-115-19050109 t19050109-115-offence-1 t19050109-115-verdict-1"/>
<join result="criminalCharge" id="t19050109-115-charge-3" targOrder="Y" targets="def1-115-19050109 t19050109-115-offence-2 t19050109-115-verdict-1"/>
<join result="criminalCharge" id="t19050109-115-charge-4" targOrder="Y" targets="def2-115-19050109 t19050109-115-offence-2 t19050109-115-verdict-1"/>
<join result="criminalCharge" id="t19050109-115-charge-5" targOrder="Y" targets="def1-115-19050109 t19050109-115-offence-3 t19050109-115-verdict-1"/>
<join result="criminalCharge" id="t19050109-115-charge-6" targOrder="Y" targets="def2-115-19050109 t19050109-115-offence-3 t19050109-115-verdict-1"/>
<persName id="def1-115-19050109" type="defendantName">
<interp inst="def1-115-19050109" type="gender" value="male"/>
<interp inst="def1-115-19050109" type="age" value="34"/>
<interp inst="def1-115-19050109" type="surname" value="ELLIOTT"/>
<interp inst="def1-115-19050109" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES ELLIOTT</hi> (34)</persName> and
<persName id="def2-115-19050109" type="defendantName">
<interp inst="def2-115-19050109" type="gender" value="male"/>
<interp inst="def2-115-19050109" type="age" value="28"/>
<interp inst="def2-115-19050109" type="surname" value="HILL"/>
<interp inst="def2-115-19050109" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR HILL</hi> (28)</persName>,
<rs id="t19050109-115-verdict-1" type="verdictDescription">
<interp inst="t19050109-115-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-115-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi> </rs>
<rs id="t19050109-115-offence-1" type="offenceDescription">
<interp inst="t19050109-115-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19050109-115-offence-1" type="offenceSubcategory" value="housebreaking"/>to breaking and entering the dwelling house of
<persName id="t19050109-name-17" type="victimName">
<interp inst="t19050109-name-17" type="gender" value="male"/>
<interp inst="t19050109-name-17" type="surname" value="ABRAHAMS"/>
<interp inst="t19050109-name-17" type="given" value="PHILIP"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-115-offence-1 t19050109-name-17"/>Philip Abrahams</persName> and stealing therein a bag and other articles;</rs>
<rs id="t19050109-115-offence-2" type="offenceDescription">
<interp inst="t19050109-115-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19050109-115-offence-2" type="offenceSubcategory" value="housebreaking"/>
<hi rend="italic">also</hi> to breaking and entering the dwelling house of
<persName id="t19050109-name-18" type="victimName">
<interp inst="t19050109-name-18" type="gender" value="male"/>
<interp inst="t19050109-name-18" type="surname" value="PHILLIPS"/>
<interp inst="t19050109-name-18" type="given" value="DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-115-offence-2 t19050109-name-18"/>David Phillips</persName> and stealing a watch and other articles;</rs>
<rs id="t19050109-115-offence-3" type="offenceDescription">
<interp inst="t19050109-115-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t19050109-115-offence-3" type="offenceSubcategory" value="housebreaking"/>
<hi rend="italic">also</hi> to breaking and entering the dwelling house of
<persName id="t19050109-name-19" type="victimName">
<interp inst="t19050109-name-19" type="gender" value="male"/>
<interp inst="t19050109-name-19" type="surname" value="COLE"/>
<interp inst="t19050109-name-19" type="given" value="WILLIAM THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-115-offence-3 t19050109-name-19"/>William Thomas Cole</persName> and stealing four rings and other articles,</rs>
<hi rend="largeCaps">ELLIOTT</hi> having been convicted of felony at Newington Sessions on October 21st, 1903, and
<hi rend="largeCaps">HILL</hi> at Clerkenwell Sessions on July 4th, 1899.
<hi rend="italic">Four previous convictions were proved against Elliott and one against Hill.</hi>
<hi rend="largeCaps">ELLIOTT</hi>
<rs id="t19050109-115-punishment-1" type="punishmentDescription">
<interp inst="t19050109-115-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-115-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-115-19050109 t19050109-115-punishment-1"/>
<hi rend="italic">twelve months, hard labour.</hi> </rs>
<hi rend="largeCaps">HILL</hi>
<rs id="t19050109-115-punishment-2" type="punishmentDescription">
<interp inst="t19050109-115-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-115-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-115-19050109 t19050109-115-punishment-2"/>
<hi rend="italic">eight months, hard labour.</hi> </rs></p> </div1>
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<interp inst="t19050109-116" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-116" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-116-charge-1" targOrder="Y" targets="def1-116-19050109 t19050109-116-offence-1 t19050109-116-verdict-1"/>
<persName id="def1-116-19050109" type="defendantName">
<interp inst="def1-116-19050109" type="gender" value="male"/>
<interp inst="def1-116-19050109" type="surname" value="ATKINS"/>
<interp inst="def1-116-19050109" type="given" value="ERNEST CHARLES"/>
<interp inst="def1-116-19050109" type="occupation" value="Post Office"/>
<hi rend="largeCaps">ERNEST CHARLES ATKINS</hi> </persName>
<rs id="t19050109-116-offence-1" type="offenceDescription">
<interp inst="t19050109-116-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19050109-116-offence-1" type="offenceSubcategory" value="mail"/>, to stealing, while employed under the Post Office, a letter con
<lb/>taining a gold ring and six penny stamps, the property of
<persName id="t19050109-name-21" type="victimName">
<interp inst="t19050109-name-21" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-116-offence-1 t19050109-name-21"/>the Postmaster-General</persName>.</rs>
<rs id="t19050109-116-verdict-1" type="verdictDescription">
<interp inst="t19050109-116-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-116-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<hi rend="italic">He received a good character.
<rs id="t19050109-116-punishment-3" type="punishmentDescription">
<interp inst="t19050109-116-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-116-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-116-19050109 t19050109-116-punishment-3"/>Three months' hard labour.</rs> </hi></p> </div1>
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<interp inst="t19050109-117" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-117" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-117-charge-1" targOrder="Y" targets="def1-117-19050109 t19050109-117-offence-1 t19050109-117-verdict-1"/>
<join result="criminalCharge" id="t19050109-117-charge-2" targOrder="Y" targets="def1-117-19050109 t19050109-117-offence-2 t19050109-117-verdict-1"/>
<persName id="def1-117-19050109" type="defendantName">
<interp inst="def1-117-19050109" type="gender" value="male"/>
<interp inst="def1-117-19050109" type="age" value="25"/>
<interp inst="def1-117-19050109" type="surname" value="MORLEY"/>
<interp inst="def1-117-19050109" type="given" value="LOUIS JOSEPH"/>
<hi rend="largeCaps">LOUIS JOSEPH MORLEY</hi> (25)</persName>
<rs id="t19050109-117-offence-1" type="offenceDescription">
<interp inst="t19050109-117-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19050109-117-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering a receipt for £3 with intent to defraud;</rs>
<rs id="t19050109-117-offence-2" type="offenceDescription">
<interp inst="t19050109-117-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19050109-117-offence-2" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi> to forging and uttering an authority for the payment of £1 4s. 10d. with intent to defraud.</rs>
<rs id="t19050109-117-verdict-1" type="verdictDescription">
<interp inst="t19050109-117-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-117-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t19050109-117-punishment-4" type="punishmentDescription">
<interp inst="t19050109-117-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-117-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-117-19050109 t19050109-117-punishment-4"/>
<hi rend="italic">Six months,' hard labour.</hi> </rs></p> </div1>
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<interp inst="t19050109-118" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-118" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-118-charge-1" targOrder="Y" targets="def1-118-19050109 t19050109-118-offence-1 t19050109-118-verdict-1"/>
<join result="criminalCharge" id="t19050109-118-charge-2" targOrder="Y" targets="def1-118-19050109 t19050109-118-offence-2 t19050109-118-verdict-1"/>
<persName id="def1-118-19050109" type="defendantName">
<interp inst="def1-118-19050109" type="gender" value="male"/>
<interp inst="def1-118-19050109" type="age" value="18"/>
<interp inst="def1-118-19050109" type="surname" value="LINTOTT"/>
<interp inst="def1-118-19050109" type="given" value="ALFRED RALPH"/>
<hi rend="largeCaps">ALFRED RALPH LINTOTT</hi> (18)</persName>
<rs id="t19050109-118-offence-1" type="offenceDescription">
<interp inst="t19050109-118-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19050109-118-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering an authority for the payment of £2 10s. with intent to defraud;</rs>
<rs id="t19050109-118-offence-2" type="offenceDescription">
<interp inst="t19050109-118-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19050109-118-offence-2" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi> to forging and uttering a receipt for £8 with intent to defraud.</rs>
<rs id="t19050109-118-verdict-1" type="verdictDescription">
<interp inst="t19050109-118-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-118-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t19050109-118-punishment-5" type="punishmentDescription">
<interp inst="t19050109-118-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-118-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-118-19050109 t19050109-118-punishment-5"/>
<hi rend="italic">Nine months' hard labour.</hi> </rs></p> </div1>
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<interp inst="t19050109-119" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-119" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-119-charge-1" targOrder="Y" targets="def1-119-19050109 t19050109-119-offence-1 t19050109-119-verdict-1"/>
<persName id="def1-119-19050109" type="defendantName">
<interp inst="def1-119-19050109" type="gender" value="male"/>
<interp inst="def1-119-19050109" type="surname" value="HODEL"/>
<interp inst="def1-119-19050109" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH HODEL</hi> </persName>
<rs id="t19050109-119-offence-1" type="offenceDescription">
<interp inst="t19050109-119-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19050109-119-offence-1" type="offenceSubcategory" value="assault"/>, to a common assault upon
<persName id="t19050109-name-25" type="victimName">
<interp inst="t19050109-name-25" type="gender" value="male"/>
<interp inst="t19050109-name-25" type="surname" value="POWELL"/>
<interp inst="t19050109-name-25" type="given" value="WALTER WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-119-offence-1 t19050109-name-25"/>Walter William Powell</persName> and
<persName id="t19050109-name-26" type="victimName">
<interp inst="t19050109-name-26" type="gender" value="male"/>
<interp inst="t19050109-name-26" type="surname" value="FROST"/>
<interp inst="t19050109-name-26" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-119-offence-1 t19050109-name-26"/>Charles Frost</persName>.</rs>
<rs id="t19050109-119-verdict-1" type="verdictDescription">
<interp inst="t19050109-119-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-119-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<hi rend="italic">He received a good character.</hi>
<rs id="t19050109-119-punishment-6" type="punishmentDescription">
<interp inst="t19050109-119-punishment-6" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19050109-119-punishment-6" type="punishmentSubcategory" value="fine"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-119-19050109 t19050109-119-punishment-6"/>Fined £10.</rs> (
<hi rend="italic">See next page.</hi>)—And</p> </div1>
<div1 type="trialAccount" id="t19050109-120">
<interp inst="t19050109-120" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-120" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-120-charge-1" targOrder="Y" targets="def1-120-19050109 t19050109-120-offence-1 t19050109-120-verdict-1"/>
<persName id="def1-120-19050109" type="defendantName">
<interp inst="def1-120-19050109" type="gender" value="male"/>
<interp inst="def1-120-19050109" type="age" value="37"/>
<interp inst="def1-120-19050109" type="surname" value="ROCKE"/>
<interp inst="def1-120-19050109" type="given" value="GEORGE LENNON"/>
<hi rend="largeCaps">GEORGE LENNON ROCKE</hi> (37)</persName>
<rs id="t19050109-120-offence-1" type="offenceDescription">
<interp inst="t19050109-120-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19050109-120-offence-1" type="offenceSubcategory" value="bigamy"/>, to marrying
<persName id="t19050109-name-28" type="victimName">
<interp inst="t19050109-name-28" type="gender" value="female"/>
<interp inst="t19050109-name-28" type="surname" value="WILSON"/>
<interp inst="t19050109-name-28" type="given" value="PHOEBE"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-120-offence-1 t19050109-name-28"/>Phoebe Wilson</persName>, his wife being alive.</rs>
<rs id="t19050109-120-verdict-1" type="verdictDescription">
<interp inst="t19050109-120-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-120-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t19050109-120-punishment-7" type="punishmentDescription">
<interp inst="t19050109-120-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-120-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-120-19050109 t19050109-120-punishment-7"/>
<hi rend="italic">One day's imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t19050109-121">
<interp inst="t19050109-121" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-121" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-121-charge-1" targOrder="Y" targets="def1-121-19050109 t19050109-121-offence-1 t19050109-121-verdict-1"/>
<xptr type="pageFacsimile" doc="190501090004"/>
<persName id="def1-121-19050109" type="defendantName">
<interp inst="def1-121-19050109" type="gender" value="male"/>
<interp inst="def1-121-19050109" type="surname" value="HODEL"/>
<interp inst="def1-121-19050109" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH HODEL</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t19050109-121-offence-1" type="offenceDescription">
<interp inst="t19050109-121-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19050109-121-offence-1" type="offenceSubcategory" value="wounding"/>for feloniously shooting at
<persName id="t19050109-name-30" type="victimName">
<interp inst="t19050109-name-30" type="gender" value="male"/>
<interp inst="t19050109-name-30" type="surname" value="POWELL"/>
<interp inst="t19050109-name-30" type="given" value="WALTER WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-121-offence-1 t19050109-name-30"/>Walter William Powell</persName> and
<persName id="t19050109-name-31" type="victimName">
<interp inst="t19050109-name-31" type="gender" value="male"/>
<interp inst="t19050109-name-31" type="surname" value="FROST"/>
<interp inst="t19050109-name-31" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-121-offence-1 t19050109-name-31"/>Charles Frost</persName> with intent to maim, disfigure, and disable them.</rs> </p>
<hi rend="smallCaps">MR. PARTRIDGE</hi>.
<hi rend="italic">for the Prosecution, offered no evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t19050109-121-verdict-1" type="verdictDescription">
<interp inst="t19050109-121-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19050109-121-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t19050109-122">
<interp inst="t19050109-122" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-122" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-122-charge-1" targOrder="Y" targets="def1-122-19050109 t19050109-122-offence-1 t19050109-122-verdict-1"/>
<join result="criminalCharge" id="t19050109-122-charge-2" targOrder="Y" targets="def2-122-19050109 t19050109-122-offence-1 t19050109-122-verdict-2"/>
<persName id="def1-122-19050109" type="defendantName">
<interp inst="def1-122-19050109" type="gender" value="male"/>
<interp inst="def1-122-19050109" type="age" value="38"/>
<interp inst="def1-122-19050109" type="surname" value="GRAY"/>
<interp inst="def1-122-19050109" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES GRAY</hi> (38)</persName> and
<persName id="def2-122-19050109" type="defendantName">
<interp inst="def2-122-19050109" type="gender" value="male"/>
<interp inst="def2-122-19050109" type="age" value="14"/>
<interp inst="def2-122-19050109" type="surname" value="WARREN"/>
<interp inst="def2-122-19050109" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WARREN</hi> (14)</persName>
<rs id="t19050109-122-offence-1" type="offenceDescription">
<interp inst="t19050109-122-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19050109-122-offence-1" type="offenceSubcategory" value="sodomy"/>, Committing an act of gross indecency with each other.</rs> </p>
<hi rend="smallCaps">MR. HEDDON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="largeCaps">GRAY</hi>
<rs id="t19050109-122-verdict-1" type="verdictDescription">
<interp inst="t19050109-122-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-122-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>.
<rs id="t19050109-122-punishment-8" type="punishmentDescription">
<interp inst="t19050109-122-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-122-punishment-8" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-122-19050109 t19050109-122-punishment-8"/>
<hi rend="italic">Six months' hard labour.</hi> </rs>
<hi rend="largeCaps">WARREN</hi> </p>
<hi rend="smallCaps">
<rs id="t19050109-122-verdict-2" type="verdictDescription">
<interp inst="t19050109-122-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19050109-122-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, January</hi> 9
<hi rend="italic">th</hi>, 1905.</p>
<hi rend="italic">Before Mr. Common Serjeant</hi> </p>
<div1 type="trialAccount" id="t19050109-123">
<interp inst="t19050109-123" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-123" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-123-charge-1" targOrder="Y" targets="def1-123-19050109 t19050109-123-offence-1 t19050109-123-verdict-1"/>
<persName id="def1-123-19050109" type="defendantName">
<interp inst="def1-123-19050109" type="gender" value="male"/>
<interp inst="def1-123-19050109" type="age" value="35"/>
<interp inst="def1-123-19050109" type="surname" value="CLEMENTS"/>
<interp inst="def1-123-19050109" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY CLEMENTS</hi> (35)</persName>
<rs id="t19050109-123-offence-1" type="offenceDescription">
<interp inst="t19050109-123-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19050109-123-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-35" type="witnessName">
<interp inst="t19050109-name-35" type="gender" value="male"/>
<interp inst="t19050109-name-35" type="surname" value="IZZARD"/>
<interp inst="t19050109-name-35" type="given" value="BENJAMIN CHARLES"/>BENJAMIN CHARLES IZZARD</persName> </hi>. I am a confectioner of 2a, Hannibal Road, Mile End—on December 28th about 11.45 p.m. I served Morris Corrin (
<hi rend="italic">see next case</hi>) with half an ounce of tobacco, Lambert & Butler's British Oak, price 2d., with which I handed him a box of matches with an advertisement of Pink's Table Jellies on it—he tendered 1s., and I gave him in change 6d. and four pennies—after he had left the shop I tested the coin in my hand, and found it was bad—I called to my friend Mr. Dungey, who was sitting at the piano in the parlour at the back of the shop, and we followed the lad out within six seconds—outside I saw the lad walking rather sharply and the prisoner a good way in front of him—Corrin was walking towards him, and joined him—when they met some
<lb/>thing passed from Corrin to the prisoner—they walked away together, and Corrin entered another shop—I saw him come out of that shop—the priso
<lb/>ner was standing about fifteen yards up the street, leaning on his stick—Corrin handed him something as before—they walked together into Jubilee Street—I followed on the opposite side of the street—they entered another shop, and exactly the same thing occurred—I afterwards went into the latter shop with Sergeant Girdler—the same thing occurred with five shops—at about the fourth shop I sent for a constable, who came in a few min
<lb/>utes—I told him I wanted to arrest them for uttering counterfeit coin—the constable said he would search Clements, who said, "You must not search me in the street, I have got nothing on me"—I handed the coin I tested to the officer—I believe the constable put his initials on it—these articles were found on Clements: two packets of Lambert & Butler's packet tobacco, and a match box corresponding to the one I gave him—this is the shilling—it has been broken since—I went with Sergeant Girdler to four other shops—I saw the till searched at Izzard's and the coin taken out and put on the counter.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-36" type="witnessName">
<interp inst="t19050109-name-36" type="gender" value="male"/>
<interp inst="t19050109-name-36" type="surname" value="DUNGEY"/>
<interp inst="t19050109-name-36" type="given" value="THOMAS"/>THOMAS DUNGEY</persName> </hi>. I am an Insurance Agent of 42, Campbell Road, Bow—I was in the parlour at the back of Mr. Izzard's shop on December 28th—I saw Corrin in the shop—on Mr. Izzard calling me out I saw the</p>
<xptr type="pageFacsimile" doc="190501090005"/>
<p>same lad outside, and the prisoner standing on the opposite side of the road—Corrin went and joined him, and gave him something—Izzard and I followed them from one shop to another, and afterwards gave them into custody.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I was about a stone's throw away and nearly opposite you.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-37" type="witnessName">
<interp inst="t19050109-name-37" type="gender" value="male"/>
<interp inst="t19050109-name-37" type="surname" value="ROBINSON"/>
<interp inst="t19050109-name-37" type="given" value="ARTHUR"/>ARTHUR ROBINSON</persName> </hi> (478
<hi rend="italic">H.</hi>) On December 28th I was in Oxford Street, Mile End, when I was called by Dungey—I met Izzard, and Clements was pointed out to me with Corrin—Izzard said, in Corrin's presence, I give this man in custody for uttering a counterfeit shilling in my shop"—Clements said, "I have got nothing on me, governor"—I caught hold of his hand—he said, "You must not search me in the street"—Dungey put his hand in his pocket—I searched him at the station—I found on him 1s., 12 sixpences, and 6s. 8d. bronze, all good money, 3 1/2-ounces of tobacco, 1d. packet of tobacco, six packets of cigarettes, a 2d. packet of Paquet tea, a piece of chocolate, two boxes of matches, and a purse—when he was arrested, Izzard handed me this 1s., which I marked—I conveyed Clements and Corrin to the station—they were charged with being con
<lb/>cerned together in uttering counterfeit coin—Clements made no reply.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-38" type="witnessName">
<interp inst="t19050109-name-38" type="gender" value="female"/>
<interp inst="t19050109-name-38" type="surname" value="GROBOFSKY"/>
<interp inst="t19050109-name-38" type="given" value="SARAH"/>SARAH GROBOFSKY</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I reside at 117, Jubilee Street, Mile End, where my husband keeps a grocer's shop—I remember Corrin coming and asking for 1d. worth of tea—I do not keep 1d. packets, and served him with a 2d. packet like this, marked "Paquet "tea—he handed me a new shilling—I gave him seven coppers and a threepenny bit in change, but he refused the threepenny bit, and I gave him the whole 10d. in coppers—I put the shilling and the threepenny bit in the till, where there were a half-crown and two shillings—the policeman came and I showed him the till, where I found the bad shilling produced, and which the officer did something to.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-39" type="witnessName">
<interp inst="t19050109-name-39" type="gender" value="male"/>
<interp inst="t19050109-name-39" type="surname" value="GIRDLER"/>
<interp inst="t19050109-name-39" type="given" value="FRANK"/>FRANK GIRDLER</persName> </hi> (
<hi rend="italic">Detective Sergeant H.</hi>) I went with Izzard to Gro
<lb/>bofsky's shop on December 28th about 8 p.m.—she turned out the till which contained a half-crown, a threepenny piece, and two shillings, one counterfeit—I marked the coin "F G 1," my initials—this bad shilling was handed to me by Sergeant Robinson, and has been in my possession ever since.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-40" type="witnessName">
<interp inst="t19050109-name-40" type="gender" value="male"/>
<interp inst="t19050109-name-40" type="surname" value="WEBSTER"/>
<interp inst="t19050109-name-40" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of coin to His Majesty's Mint—these two shillings are counterfeit, and of the same mould.</p>
<hi rend="italic">The prisoner, in his defence, said he gave the coins to Corrin who did not know what they were.</hi> </p>
<hi rend="smallCaps">
<rs id="t19050109-123-verdict-1" type="verdictDescription">
<interp inst="t19050109-123-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-123-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 at this Court in April</hi>, 1898,
<hi rend="italic">of feloniously uttering counterfeit coin. Eleven other convictions were proved against him.
<rs id="t19050109-123-punishment-9" type="punishmentDescription">
<interp inst="t19050109-123-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-123-punishment-9" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-123-19050109 t19050109-123-punishment-9"/>Five years' penal servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19050109-124">
<interp inst="t19050109-124" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-124" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-124-charge-1" targOrder="Y" targets="def1-124-19050109 t19050109-124-offence-1 t19050109-124-verdict-1"/>
<persName id="def1-124-19050109" type="defendantName">
<interp inst="def1-124-19050109" type="gender" value="male"/>
<interp inst="def1-124-19050109" type="age" value="17"/>
<interp inst="def1-124-19050109" type="surname" value="CORRIN"/>
<interp inst="def1-124-19050109" type="given" value="MORRIS"/>
<hi rend="largeCaps">MORRIS CORRIN</hi> (17)</persName>
<rs id="t19050109-124-offence-1" type="offenceDescription">
<interp inst="t19050109-124-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19050109-124-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering, with
<persName id="t19050109-name-42" type="victimName">
<interp inst="t19050109-name-42" type="gender" value="male"/>
<interp inst="t19050109-name-42" type="surname" value="CLEMENTS"/>
<interp inst="t19050109-name-42" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-124-offence-1 t19050109-name-42"/>Henry Cle
<lb/>ments</persName>, counterfeit coin.</rs> </p>
<xptr type="pageFacsimile" doc="190501090006"/>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted</hi>,</p>
<persName id="t19050109-name-43" type="witnessName">
<interp inst="t19050109-name-43" type="gender" value="male"/>
<interp inst="t19050109-name-43" type="surname" value="IZZARD"/>
<interp inst="t19050109-name-43" type="given" value="BENJAMIN CHARLES"/>
<hi rend="smallCaps">BENJAMIN CHARLES IZZARD</hi> </persName>,
<persName id="t19050109-name-44" type="witnessName">
<interp inst="t19050109-name-44" type="gender" value="male"/>
<interp inst="t19050109-name-44" type="surname" value="DUNGEY"/>
<interp inst="t19050109-name-44" type="given" value="THOMAS"/>
<hi rend="smallCaps">THOMAS DUNGEY</hi> </persName>,
<persName id="t19050109-name-45" type="witnessName">
<interp inst="t19050109-name-45" type="gender" value="male"/>
<interp inst="t19050109-name-45" type="surname" value="ROBINSON"/>
<interp inst="t19050109-name-45" type="given" value="ARTHUR"/>
<hi rend="smallCaps">ARTHUR ROBINSON</hi> </persName>,
<persName id="t19050109-name-46" type="witnessName">
<interp inst="t19050109-name-46" type="gender" value="female"/>
<interp inst="t19050109-name-46" type="surname" value="GROBOFSKY"/>
<interp inst="t19050109-name-46" type="given" value="SARAH"/>
<hi rend="smallCaps">SARAH GROBOFSKY</hi> </persName>,
<persName id="t19050109-name-47" type="witnessName">
<interp inst="t19050109-name-47" type="gender" value="male"/>
<interp inst="t19050109-name-47" type="surname" value="GIRDLER"/>
<interp inst="t19050109-name-47" type="given" value="FRANK"/>
<hi rend="smallCaps">FRANK GIRDLER</hi> </persName> and
<persName id="t19050109-name-48" type="witnessName">
<interp inst="t19050109-name-48" type="gender" value="male"/>
<interp inst="t19050109-name-48" type="surname" value="WEBSTER"/>
<interp inst="t19050109-name-48" type="given" value="WILLIAM JOHN"/>
<hi rend="smallCaps">WILLIAM JOHN WEBSTER</hi> </persName> re
<lb/>peated their evidence in the last case,
<hi rend="smallCaps">GIRDLER</hi>
<hi rend="italic">adding:</hi> I have known Corrin about three weeks—he has worked at his brother's barber's shop and seems to be a respectable lad.</p>
<hi rend="italic">The prisoner, in his defence on oath, said he became acquainted with Clements at his step-brother's barber's shop and that Clements accosted him on December 28th, borrowed money from him and sent him for the articles referred to from the shops, with separate new shillings, but he did no, know the coins were lad.</hi> </p>
<hi rend="italic">He received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t19050109-124-verdict-1" type="verdictDescription">
<interp inst="t19050109-124-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19050109-124-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t19050109-125">
<interp inst="t19050109-125" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-125" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-125-charge-1" targOrder="Y" targets="def1-125-19050109 t19050109-125-offence-1 t19050109-125-verdict-1"/>
<persName id="def1-125-19050109" type="defendantName">
<interp inst="def1-125-19050109" type="gender" value="male"/>
<interp inst="def1-125-19050109" type="age" value="63"/>
<interp inst="def1-125-19050109" type="surname" value="KING"/>
<interp inst="def1-125-19050109" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN KING</hi> (63)</persName>
<rs id="t19050109-125-offence-1" type="offenceDescription">
<interp inst="t19050109-125-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19050109-125-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawful possession of counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. PARTRIDGE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-50" type="witnessName">
<interp inst="t19050109-name-50" type="gender" value="male"/>
<interp inst="t19050109-name-50" type="surname" value="BROGDEN"/>
<interp inst="t19050109-name-50" type="given" value="WILLIAM"/>WILLIAM BROGDEN</persName> </hi> (
<hi rend="italic">Detective-Sergeant H.</hi>) On the evening of December 16th I was with Dessent in High Street, Whitechapel, when I saw the prisoner and another man, not in custody, standing at a corner of Cambridge Road—on seeing us approach they walked quickly away towards Holloway—at Cannon Place they separated and ran—Dessent followed the other man and I followed King—I said, "Holloa, Jack, where are you going?"—he said, "I am just going to jump on the tram, governor"—I said, "You seem in a hurry, I suspect you of having counterfeit coin in your possession, I am going to search you"—I found on him four packages which contained forty-two sixpences wrapped in tissue paper, nineteen of 1891 and twenty-three of 1895—I said, "How do you account for these?" he said, "That is very funny, the lad you just see run away gave them to me"—he was taken to Arbour Square police station, where he said, "Well, I must admit you have done it very smart"—he was charged with being in possession of forty-two counterfeit sixpences—I found on him 2s., 6d., and 5d. bronze, good money—he said, "That is my own money, that is good."</p>
<hi rend="smallCaps">
<persName id="t19050109-name-51" type="witnessName">
<interp inst="t19050109-name-51" type="gender" value="male"/>
<interp inst="t19050109-name-51" type="surname" value="DESSENT"/>
<interp inst="t19050109-name-51" type="given" value="HENRY"/>HENRY DESSENT</persName> </hi> (
<hi rend="italic">Detective H.</hi>) I was with Brogden on December 16th—at the junction of Cambridge Road and the Whitechapel Road I saw the prisoner with a young man about 19 years old—on their seeing us approach they crossed the road to the south side and went towards Holloway—at Cannon Place they separated, and the prisoner hurried towards a tram-car—I followed the other man up Cannon Place and Sidney Street, but was unable to overtake him.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-52" type="witnessName">
<interp inst="t19050109-name-52" type="gender" value="male"/>
<interp inst="t19050109-name-52" type="surname" value="WEBSTER"/>
<interp inst="t19050109-name-52" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of coin to His Majesty's Mint—all these forty-two coins are counterfeit sixpences, twenty-three from one mould, and nineteen from another.</p>
<hi rend="italic">The prisoner, in his defence, said that he spoke to a lad about</hi> 16
<hi rend="italic">years old in Whitechapel, who, when he left him, said, "Good-night, here is something that might be useful to you "and handed him the packets, when Brogden seized him; that his character was bad, but he did not deserve this, and he had heard that</hi> 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.
<hi rend="italic">had since been paid for the lad's lodgings.</hi> </p>
<hi rend="smallCaps">
<rs id="t19050109-125-verdict-1" type="verdictDescription">
<interp inst="t19050109-125-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-125-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<xptr type="pageFacsimile" doc="190501090007"/>
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLADED GUILTY</hi>
<hi rend="italic">to a conviction at this Court in May</hi>, 1899,
<hi rend="italic">of felonious possession of counterfeit coin. Eight other convictions were proved against him. It was stated that he was an expert coiner and had one year and</hi> 281
<hi rend="italic">day a to serve.
<rs id="t19050109-125-punishment-10" type="punishmentDescription">
<interp inst="t19050109-125-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-125-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-125-19050109 t19050109-125-punishment-10"/>Five years' penal servitude, and to complete his former sentence</rs>. The Jury commended the police for their smart capture, with which the</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">concurred.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 10
<hi rend="italic">th</hi>, 1905.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t19050109-126">
<interp inst="t19050109-126" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-126" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-126-charge-1" targOrder="Y" targets="def1-126-19050109 t19050109-126-offence-1 t19050109-126-verdict-1"/>
<join result="criminalCharge" id="t19050109-126-charge-2" targOrder="Y" targets="def2-126-19050109 t19050109-126-offence-1 t19050109-126-verdict-1"/>
<persName id="def1-126-19050109" type="defendantName">
<interp inst="def1-126-19050109" type="gender" value="male"/>
<interp inst="def1-126-19050109" type="age" value="80"/>
<interp inst="def1-126-19050109" type="surname" value="LITTLEWOOD"/>
<interp inst="def1-126-19050109" type="given" value="HERBERT"/>
<hi rend="largeCaps">HERBERT LITTLEWOOD</hi> (80)</persName> and
<persName id="def2-126-19050109" type="defendantName">
<interp inst="def2-126-19050109" type="gender" value="male"/>
<interp inst="def2-126-19050109" type="age" value="41"/>
<interp inst="def2-126-19050109" type="surname" value="KELLY"/>
<interp inst="def2-126-19050109" type="given" value="PETER"/>
<hi rend="largeCaps">PETER KELLY</hi> (41)</persName>
<rs id="t19050109-126-verdict-1" type="verdictDescription">
<interp inst="t19050109-126-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-126-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi> </rs>
<rs id="t19050109-126-offence-1" type="offenceDescription">
<interp inst="t19050109-126-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19050109-126-offence-1" type="offenceSubcategory" value="theftFromPlace"/>to breaking and entering the warehouse of
<persName id="t19050109-name-55" type="victimName">
<interp inst="t19050109-name-55" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-126-offence-1 t19050109-name-55"/>the Labour Leader, Ltd.</persName>, and stealing therein a duplicator, their property.</rs>
<hi rend="largeCaps">LITTLE
<lb/>WOOD</hi>, having been convicted of felony at the Mansion House on Sep
<lb/>tember 23rd, 1904,
<rs id="t19050109-126-punishment-11" type="punishmentDescription">
<interp inst="t19050109-126-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-126-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-126-19050109 t19050109-126-punishment-11"/>
<hi rend="italic">Six months' hard labour.</hi> </rs>
<hi rend="largeCaps">KELLY</hi>
<hi rend="italic">received a good character, except that he was given to drinking.
<rs id="t19050109-126-punishment-12" type="punishmentDescription">
<interp inst="t19050109-126-punishment-12" type="punishmentCategory" value="noPunish"/>
<interp inst="t19050109-126-punishment-12" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-126-19050109 t19050109-126-punishment-12"/>Judgment respited.</rs> </hi>—And</p> </div1>
<div1 type="trialAccount" id="t19050109-127">
<interp inst="t19050109-127" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-127" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-127-charge-1" targOrder="Y" targets="def1-127-19050109 t19050109-127-offence-1 t19050109-127-verdict-1"/>
<persName id="def1-127-19050109" type="defendantName">
<interp inst="def1-127-19050109" type="gender" value="male"/>
<interp inst="def1-127-19050109" type="age" value="30"/>
<interp inst="def1-127-19050109" type="surname" value="CHARLTON"/>
<interp inst="def1-127-19050109" type="given" value="LOUIS"/>
<hi rend="largeCaps">LOUIS CHARLTON</hi> (30)</persName>
<rs id="t19050109-127-offence-1" type="offenceDescription">
<interp inst="t19050109-127-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19050109-127-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to breaking and entering the ware-house,
<placeName id="t19050109-geo-1">
<join result="offencePlace" targOrder="Y" targets="t19050109-127-offence-1 t19050109-geo-1"/>61, 62, and 63, Houndsditch</placeName>, and stealing certain watches therein, having been convicted of felony at this Court on March 21st, 1904.</rs>
<rs id="t19050109-127-verdict-1" type="verdictDescription">
<interp inst="t19050109-127-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-127-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<hi rend="italic">A large number of other convictions were proved against him.
<rs id="t19050109-127-punishment-13" type="punishmentDescription">
<interp inst="t19050109-127-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-127-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-127-19050109 t19050109-127-punishment-13"/>Twelve months' hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19050109-128">
<interp inst="t19050109-128" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-128" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-128-charge-1" targOrder="Y" targets="def1-128-19050109 t19050109-128-offence-1 t19050109-128-verdict-1"/>
<join result="criminalCharge" id="t19050109-128-charge-2" targOrder="Y" targets="def2-128-19050109 t19050109-128-offence-1 t19050109-128-verdict-1"/>
<persName id="def1-128-19050109" type="defendantName">
<interp inst="def1-128-19050109" type="gender" value="male"/>
<interp inst="def1-128-19050109" type="age" value="39"/>
<interp inst="def1-128-19050109" type="surname" value="BUTCHER"/>
<interp inst="def1-128-19050109" type="given" value="PAUL"/>
<hi rend="largeCaps">PAUL BUTCHER</hi> (39)</persName> and
<persName id="def2-128-19050109" type="defendantName">
<interp inst="def2-128-19050109" type="gender" value="female"/>
<interp inst="def2-128-19050109" type="age" value="40"/>
<interp inst="def2-128-19050109" type="surname" value="BUTCHER"/>
<interp inst="def2-128-19050109" type="given" value="LENA"/>
<hi rend="largeCaps">LENA BUTCHER</hi> (40)</persName>
<rs id="t19050109-128-offence-1" type="offenceDescription">
<interp inst="t19050109-128-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19050109-128-offence-1" type="offenceSubcategory" value="other"/>Unlawfully keeping and maintaining a disorderly house.</rs> </p>
<hi rend="smallCaps">MR. KLEYCESTER</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. GREEN</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-59" type="witnessName">
<interp inst="t19050109-name-59" type="gender" value="male"/>
<interp inst="t19050109-name-59" type="surname" value="JONES"/>
<interp inst="t19050109-name-59" type="given" value="HENRY CORBIT"/>HENRY CORBIT JONES</persName> </hi>. I am Town Clerk to the Borough of Holborn—I produce the current rate book containing the rate made on October 1st, 1904—the rated occupier of 16, Tower Street, St. Giles-in-the-Fields, is Paul Butcher—it is a dwelling house, the rateable value being £55—I know him by sight—the prisoner is the man mentioned—he has been there for some years.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-60" type="witnessName">
<interp inst="t19050109-name-60" type="gender" value="male"/>
<interp inst="t19050109-name-60" type="surname" value="SHEPHERD"/>
<interp inst="t19050109-name-60" type="given" value="PETER"/>PETER SHEPHERD</persName> </hi> (39
<hi rend="italic">C.</hi>) Under instructions I kept special observation on 16, Tower Street, from December 5th to 10th between 7 p.m. and 2 a.m.—I was with Police-Constable Cole—we were in plain clothes—the house is a private dwelling house, the people using it were men and women, the latter being known to the police as prostitutes—I knew them myself—the men and women entered and left the house—I saw four different prostitutes—I saw some of the women going there on different occasions with different men—on one occasion only did I see one woman go there twice on the same night with different men; that was on the 9th—I saw her enter at 8.25 and leave at 8.55—she entered again at 10.45 and left at 12.25—on both occasions she left with the men—in addition I have seen the same woman taking different men there on different nights—they were ad
<lb/>mitted by either of the prisoners—sometimes the prostitute knocked at the door, and sometimes on a grating covering the basement with her heel,—altogether I saw twenty-three different men taken there—on December 5th I saw four couples enter and four leave—on the 6th I saw two couples</p>
<xptr type="pageFacsimile" doc="190501090008"/>
<p>enter and one leave—on the 7th I saw three couples enter and three leave—on the 8th I saw five couples enter and four leave—on the 9th I saw six couples enter and five leave, and on the 10th I saw three couples enter and two leave—they were not doing a very big business—I have seen the male or the female prisoner leaving the house with prostitutes and go to public-houses—the prisoners are Germans and all the prostitutes are foreigners—I followed them to the public-houses and have seen them having drink, and have seen the prostitutes giving the prisoners money—I saw that about three times during the six nights.</p>
<hi rend="italic">Cross-examined.</hi> I had no conversation with the prisoners between December 5th and 10th—I had not been in the company of either of them—the male prisoner had seen me in the street near his house twice—I do not think it was two nights in succession—he saw me about 11 p.m.—I think he knew that the house was being watched—Tower Street is a narrow street; it is not very long—there are about a dozen lamps in it—I think there is one opposite No. 16—when I was keeping observation I some
<lb/>times stood opposite the house—when the street door was opened I saw that there was a light in the hall—I am quite sure about it—it is not at the bottom of the hall—I could see it—it is not a very dim light—while I was watching I did not only see the women's backs—I did not speak to the prostitutes or put their names down—I did not know their names—I made this note of December 5th on December 5th—on the 8th I put down, "No one seen"—that was that I did not see who opened the door—I think there are two rooms on the ground floor, but I have no note of it—I think they are both bedrooms—the prisoner and his wife occupied the front room—I am not aware that the back room is occupied by a lodger named Emery—I have not seen men going into the house un
<lb/>accompanied by women—I have seen the man who lives on the top floor going in there—I think three men live there—I have seen lights in the front room window on the first floor—the sitting-room is in the front—it is a large room—there was no light in the room before the women entered—the gas may have been turned down and then turned up—the second floor is occupied by Miss Bentley and her father—I do not suggest that that floor was occupied by these women, the Bentleys lodge in the front room only.</p>
<hi rend="italic">Re-examined.</hi> There is the ground floor and three above it—the lodger on the top floor is a respectable man, and his mother, I believe—when I spoke of couples I did not include any of the men lodging in the house—I knew by sight all the men lodging there.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-61" type="witnessName">
<interp inst="t19050109-name-61" type="gender" value="male"/>
<interp inst="t19050109-name-61" type="surname" value="COLE"/>
<interp inst="t19050109-name-61" type="given" value="ARTHUR"/>ARTHUR COLE</persName> </hi> (81
<hi rend="italic">C.</hi>) I watched with the last witness during the whole time he was watching 16, Tower Street—I saw that the two prisoners were using the house—four prostitutes frequented the house, entering and leaving—they took men there—sometimes one and sometimes the other of the prisoners let them in—I made notes of the number of people I saw on the different evenings.</p>
<hi rend="italic">Cross-examined.</hi> I made my notes somewhere in the neighbourhood very shortly after seeing the people come out—Shepherd and I were together; we made our notes at the came time—I did not read mine to him</p>
<xptr type="pageFacsimile" doc="190501090009"/>
<p>—on the 5th four couples entered and four left, on the 6th two entered and one left, on the 7th three entered and three left, on the 8th five entered and four left, on the 9th six entered and five left, on the 10th three entered and two left—I never said to Shepherd, "How many did you see go in?"—it was not necessary, because I made my note and he made his—I never thought it necessary to see if I counted them properly—from the 5th to the 10th I did not see a man go into the house unaccompanied by a woman except the male prisoner—I was with Shepherd outside the premi
<lb/>ses; perhaps he might be at one end of the street and I at the other—I did not know that there were male lodgers at the house; I never saw them go in—I think there is a lamp-post on the other side of the street about three or four yards from No. 16—the male prisoner came and pushed his conversation on to Shepherd and myself—I do not know what night that was—I did not make a note of it; it was one of the nights we were on duty, we were both together—I think he said." Is there anything wrong?"—I am not sure of the exact words—I do not know if I made any reply—I think Shepherd raid something, but I did not hear it—he and I were in plain clothes—when the street door opened I could see a light in the passage, but I did not notice where it was—I never saw a light on the first floor before I saw the prostitutes enter—I do not know where the bedroom was on the first floor—I did not go up there—I know sometimes a light went up in the first floor front room after a couple entered—I did not notice if there are a number of bells outside this door leading to the different floors—I believe a respectable woman lives in the house—I do not know what she is.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-62" type="witnessName">
<interp inst="t19050109-name-62" type="gender" value="male"/>
<interp inst="t19050109-name-62" type="surname" value="MACKAY"/>
<interp inst="t19050109-name-62" type="given" value="FRANCIS"/>FRANCIS MACKAY</persName> </hi> (
<hi rend="italic">Inspector</hi>). About 11.30 p.m. on December 19th I went to 16, Tower Street, with a warrant—I saw the male prisoner outside the house—I asked him to come back with me to the house—he did not say anything then—we went together to the house—I knocked at the door—the female prisoner let us in—we all went into the front room on the ground floor, where I read the warrant to them—it was for keeping a disorderly house—the female prisoner said, "No dirty England for me, I will sell up everything and leave it"—the male prisoner said, "I do not keep a brothel; I knew you were watching my place; I have a prostitute living here"—I went over the house—there is a basement downstairs consisting of a kit
<lb/>chen and scullery; on the ground floor there are two rooms with a double bed in each; nobody was in them—the prisoners did not say who used them—there are two rooms on the first floor—the front one was used as a sitting-room and had no bed in it—the back room contained a double bed and had an entrance from the sitting-room; nobody was there then—on the second floor there are two rooms—the front one was occupied by Mr. Bentley and his daughter—they were in bed—she is about thirty, I think—he appeared to be a very old gentleman—I have nothing to say against them—there are two beds there—the back room had a double bed in it—there were several articles there which the male prisoner said belonged to him—there was nobody in it—on the third floor there are two rooms—the front one was occupied by Mrs. Richardson or Harrison—her two grown-up sons were there; they are working men—they were all in bed—the back room</p>
<xptr type="pageFacsimile" doc="190501090010"/>
<p>contained a double bed—there was some property which the male prisoner said belonged to him—also some female clothing—nobody was in the bed—the prisoners told me they slept in the front room on the ground floor—I took them to the station; they said nothing more.</p>
<hi rend="italic">Cross-examined.</hi> There, were some handbags on the first and third floors which the male prisoner said belonged to him—I do not know that the ground floor back room is occupied by Mr. Emery—when the male prisoner said he had a prostitute there I understood that she lived on the first floor—I did not know her as Miss Kein—I know her—I did not see her then—she is a German—I do not know that the second floor back room is occupied by Miss Ada Richardson or that the third floor back room is occupied by a butcher named George Prow—the female prisoner did not say," If I have to sell up everything I will go against this."</p>
<hi rend="italic">Paul Butcher, in his defence on oath, said that he had lived at</hi> 16,
<hi rend="italic">Tower Street, for four years and paid</hi> £17 10
<hi rend="italic">s</hi>.
<hi rend="italic">a quarter for rent; that he saw the police officers in the street by his house; that between December</hi> 5
<hi rend="italic">th and</hi> 10
<hi rend="italic">th he had no prostitutes at his house; that he and his wife occupied the front room on the ground floor and a man named Emery the back room; that he (the prisoner) never during that time let his room or Emery's for any immoral purpose; that Miss Kein occupied the first floor; that he did not know what she was, but that she came home at different times; that she had been there about two months and paid one guinea a week for the bed and sitting room and attendance and lights; that he had never seen her bringing men there; that he did not know what had become of her; that between December</hi> 5
<hi rend="italic">th and</hi> 10
<hi rend="italic">th she was ill in bed; that Mr. and Miss Bentley occupied the front room on the second floor; that Miss Bentley was a milliner and had customers calling on her up to</hi> 11
<hi rend="italic">p.m. for hats; that gentlemen came with the customers and waited in the passage; that Mrs. Richardson and her two sons occupied the front room on the third floor and Prow the back room; that between December</hi> 5
<hi rend="italic">th and</hi> 10
<hi rend="italic">th he did not open the door to prostitutes with men; that he had never received money from prostitutes in public houses, and that he did not tell the inspector that he had a prostitute living at his house.</hi> </p>
<hi rend="italic">Lena Butcher, in her defence on oath, said that between December</hi> 5
<hi rend="italic">th and</hi> 10
<hi rend="italic">th she never let in prostitutes with men, that when she was at home she did not answer the door as they had a string from the kitchen to the door and told their friends to knock on the railings so that she knew they were people to see her; that she and her husband occupied the front ground floor room, and Mr. Emery the back room; that between December</hi> 5
<hi rend="italic">th and</hi> 10
<hi rend="italic">th Miss Kein occupied the first floor, but was very ill, but that when she (the prisoner) came out on bail Miss Kein had gone; that she had never brought a man to the house; that the front room on the second floor was occupied by Miss Bentley and her father, and the back room by Mrs. Richardson; that she had never brought men to the house; that the front room on the top floor was occupied by Mrs. Harrison and her two sons; and the back room George Prow slept in, and that what the said to the inspector was," Two years ago when you took us I was guilty; I never grumbled, and I have done nothing wrong this time, and if I lose my home I go against the two liars Cole and Shepherd."</hi>,</p>
<xptr type="pageFacsimile" doc="190501090011"/>
<hi rend="italic">Evidence for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-63" type="witnessName">
<interp inst="t19050109-name-63" type="gender" value="female"/>
<interp inst="t19050109-name-63" type="surname" value="BENSTLEY"/>
<interp inst="t19050109-name-63" type="given" value="MARTHA"/>MARTHA BENSTLEY</persName> </hi>. I am a milliner, of 16, Tower Street—I occupy the front room on the second floor—I work at home—I have a big business—my customers come to me—I have a number of women and girls call upon me, I cannot say how many a day—I cannot say how many hats I make a week because I do not keep a record—I do not keep an account of what I make a week—I take the money—when people come for their hats sometimes gentlemen accompany them—I do not allow gentlemen in my room, they would wait at the door—the street door would be closed, and the gentleman would wait on the doorstep outside—if it rained he would still wait outside—the ladies did not come to my room to try on their hats—they came into the passage and tried their hats on there—there is no looking glass, they have to wait till they get home to look at their hats in a glass—they never asked to come into my room—I very seldom saw Miss Kein—I cannot say if I saw her between December 5th and 10th—I did not see any loose women bring men into the house between those dates—Mrs. or Miss Richardson occupied the back room on my floor—I have spoken to her—I do not know what she was—she never brought men up to the room.</p>
<hi rend="italic">Cross-examined.</hi> I have been in the house for 45 years—I was not born there—I was there before the prisoner came—my father is an old man, he is not an invalid—he works at Stanford's, the map publishers in Long Acre—he is away from 8 a.m. till 4.45 p.m.—we have only one room between us—I do my work there—I do not go out to work—I do not know what Miss Kein did—I never saw her bring men there—I do not know what went on downstairs.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I used to occupy two rooms before the prisoner's time.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-64" type="witnessName">
<interp inst="t19050109-name-64" type="gender" value="female"/>
<interp inst="t19050109-name-64" type="surname" value="RICHARDSON"/>
<interp inst="t19050109-name-64" type="given" value="ADA"/>ADA RICHARDSON</persName> </hi>. I occupy the second floor back room at this house—I am a housekeeper—I have been out of work for the last fortnight—before that I kept house for a lady for two or three months—I was living at 16, Tower Street, between December 5th and 10th—while I was keeping house I sometimes slept at home on a Sunday; during the week I was away—I left my last employment just before December 5th—I never saw any men brought to the house by loose women—I did not allow anybody to use my room—I have seen the lodger on the first floor—I saw her downstairs between December 5th and 10th—I do not know her name (
<hi rend="italic">Miss Kein</hi>)—during those days she was unwell—I did not see her bring men to the house—I do not know whether she went out—I had a street door key and always admitted myself—I do not know who opened the street door as a rule.</p>
<hi rend="italic">Cross-examined.</hi> I have lodged there two and a half years—I do not know Inspector Mackay or Sergeant Shepherd—I seem to know Cole's face—I ceased to be a housekeeper a few days after Christmas—I was living at Tower Street at the same time that I was housekeeper somewhere else—I was at 9, Bedford Court, with Mrs. Lehey—she has left there now—I generally slept there—I was only at home on Sundays—what went on there</p>
<xptr type="pageFacsimile" doc="190501090012"/>
<p>on week-days I do not know—I have been out of employment since the beginning of December—I made a mistake when I said it was only for a fortnight, since then I had a few days' employment in Fulham—sometimes I spend my evenings at home and sometimes out—I do not spend a great part of them walking up and down Shaftesbury Avenue or Leicester Square, or Oxford Street—I do not know Inspector Smith—I know where Vine Street is—I believe there is a police station there—I went to the lady at Fulham from the Thursday to the Sunday after Christmas—her name was Mrs. Karran—she lived at 26, Sidney Street—she has left there now—I did house cleaning.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-65" type="witnessName">
<interp inst="t19050109-name-65" type="gender" value="male"/>
<interp inst="t19050109-name-65" type="surname" value="EMERY"/>
<interp inst="t19050109-name-65" type="given" value="EDWARD"/>EDWARD EMERY</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I have been in England for six weeks—I am a musician on the stage and play every instrument—I have had no engagement since I have been in London—I live with the male prisoner—I wanted to go back to Germany, but on account of this case I cannot—I paid 8s. a week rent at 16, Tower Street—I occupy the back room on the ground floor—nobody else had the use of that room—I am always at home during the day writing music—between December 5th and 10th I used to take a walk for ten or fifteen minutes—when I was at home I stayed in my own room—no woman entered my room while I was at home—I retired to rest at eleven or twelve.</p>
<hi rend="italic">Cross-examined.</hi> I did not come in contact with the people in the house—I did not see anything of Miss Kein—I do not know what went on on the first floor—I went to the prisoner's room sometimes, but I do not know what went on in other rooms.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I went to the prisoners because my mother and Mrs. Butcher were acquainted in Germany.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-66" type="witnessName">
<interp inst="t19050109-name-66" type="gender" value="male"/>
<interp inst="t19050109-name-66" type="surname" value="BROWN"/>
<interp inst="t19050109-name-66" type="given" value="GEORGE"/>GEORGE BROWN</persName> </hi>. I am a butcher and a German—I have been in this country for three years—I have been out of work since September—I have been living at 16, Tower Street—I occupied a room on the third floor—I had my meals in the kitchen with the prisoner and helped in the housework—when I was upstairs I opened the street door, but there is a string from downstairs—I was at home the whole of the days between December 5th and 10th—I did not go out on those days till 11.30 p.m. to a public house with the male prisoner—I got back about 12.30—I never saw loose women come to the house—I never let in men coming with women except friends of the prisoners; they were only men.</p>
<hi rend="italic">Cross-examined.</hi> On December 7th or 8th Henry Davis came, I think, with his wife—he came with her two or three times—it was always the same Mrs. Davis—I was last at work at a sausage factory in Kennington Park Road—that was at the end of July or the beginning of September—I was employed there for eighteen months—I have been looking for work since then—I stop at home all day because I cannot find suitable work.</p>
<rs id="t19050109-128-verdict-1" type="verdictDescription">
<interp inst="t19050109-128-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-128-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>.</rs>
<hi rend="italic">They then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to convictions at Marlboroughs Street Police Court, on January</hi> 14
<hi rend="italic">th</hi>, 1903,
<hi rend="italic">of keeping a brothel at the same house. The prisoners were stated to be associates of bullies, brothel keepers and thieves.</hi>
<hi rend="largeCaps">PAUL BUTCHER</hi>
<rs id="t19050109-128-punishment-14" type="punishmentDescription">
<interp inst="t19050109-128-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-128-punishment-14" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-128-19050109 t19050109-128-punishment-14"/>
<hi rend="italic">Twelve months' hard labour.</hi> </rs>
<hi rend="largeCaps">LENA BUTCHER</hi>
<rs id="t19050109-128-punishment-15" type="punishmentDescription">
<interp inst="t19050109-128-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-128-punishment-15" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-128-19050109 t19050109-128-punishment-15"/>
<hi rend="italic">Six months' hard labour.</hi> </rs> </p> </div1>
<xptr type="pageFacsimile" doc="190501090013"/>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 10
<hi rend="italic">th</hi>, 1905.</p>
<hi rend="italic">Before Lumley Smith, Esq., K.C.</hi> </p>
<div1 type="trialAccount" id="t19050109-129">
<interp inst="t19050109-129" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-129" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-129-charge-1" targOrder="Y" targets="def1-129-19050109 t19050109-129-offence-1 t19050109-129-verdict-1"/>
<persName id="def1-129-19050109" type="defendantName">
<interp inst="def1-129-19050109" type="gender" value="male"/>
<interp inst="def1-129-19050109" type="age" value="25"/>
<interp inst="def1-129-19050109" type="surname" value="ADDS"/>
<interp inst="def1-129-19050109" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE ADDS</hi> (25)</persName>
<rs id="t19050109-129-offence-1" type="offenceDescription">
<interp inst="t19050109-129-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19050109-129-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Breaking and entering
<placeName id="t19050109-geo-2">
<join result="offencePlace" targOrder="Y" targets="t19050109-129-offence-1 t19050109-geo-2"/>St. Matthew's Church, Islington</placeName>, and stealing a brass lectern belonging to the church-wardens.</rs> </p>
<hi rend="smallCaps">MR. HARVEY</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-68" type="witnessName">
<interp inst="t19050109-name-68" type="gender" value="male"/>
<interp inst="t19050109-name-68" type="surname" value="STEIN"/>
<interp inst="t19050109-name-68" type="given" value="THOMAS HOPE"/>THOMAS HOPE STEIN</persName> </hi>. I am Vicar of St. Matthew's, Essex Road, Islington, and live at 29, Douglas Road, Canonbury—on Thursday, January 5th, I left the church after evening service, the verger locking up, and every
<lb/>thing being in order—I was fetched the next day to the church and found that it had been entered and that the lectern had been broken up and taken away except one piece of the stand—entrance had been made through a window, the lead work of which had been ripped—there was room for a man to get through—he lectern was worth about £30 to £35.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-69" type="witnessName">
<interp inst="t19050109-name-69" type="gender" value="male"/>
<interp inst="t19050109-name-69" type="surname" value="BURB"/>
<interp inst="t19050109-name-69" type="given" value="HENRY"/>HENRY BURB</persName> </hi> (619
<hi rend="italic">N.</hi>) About 7.45 p.m. on January 5th I was on duty in Ecclesbourne Road, in plain clothes—I saw the prisoner wheeling a costermonger's barrow—I knew him by name—he wheeled the barrow through several streets—he saw me, left the barrow and ran away—I followed and arrested him—I took him back to the barrow—I found there was brass on it—there was an inscription on the brass—I went to the church with an inspector and found a window broken—after examining the church we went back to where the lectern stood and close by the spot we found a piece of tip off the heel of a boot—it was afterwards compared with the prisoner's boot—there was a similar bit on the other boot.</p>
<hi rend="italic">The prisoner.</hi> I never had any tips on my boots.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-70" type="witnessName">
<interp inst="t19050109-name-70" type="gender" value="male"/>
<interp inst="t19050109-name-70" type="surname" value="SKILTON"/>
<interp inst="t19050109-name-70" type="given" value="WILLIAM"/>WILLIAM SKILTON</persName> </hi> (
<hi rend="italic">Inspector N.</hi>) I visited St. Matthew's Church, Isling
<lb/>ton, last Friday about 8.30p.m., and found that an entrance had been effected through a broken window—I saw two pieces of a lectern there—near the spot I found this piece of heel tip—I examined the prisoner's boots and noticed there was a corresponding piece on the heel of the left boot, and from the heel of the right boot there was apparently a piece gone corres
<lb/>ponding to the other—the prisoner saw me examining his boots—the Magistrate ordered the boots to be taken off—the prisoner had been mean
<lb/>while wearing them and had smoothed down the heels—the other piece of tip was then missing.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-71" type="witnessName">
<interp inst="t19050109-name-71" type="gender" value="male"/>
<interp inst="t19050109-name-71" type="surname" value="BURCK"/>
<interp inst="t19050109-name-71" type="given" value="CHARLES ALFRED"/>CHARLES ALFRED BURCK</persName> </hi>. I am verger at St. Matthew's Church, Isling
<lb/>ton—on Thursday of last week I looked up the church—everything was safe—next day about 8 p.m. I saw the damage done.</p>
<hi rend="italic">The prisoner, in his defence, said that he was standing in the street on the Thursday evening, when two men asked him if he would push a barrow for them, offering him a shilling for doing so, and as he was out of work he accepted it; that he was nowhere near the church; and that he never wore tips on his boots.</hi> </p>
<hi rend="smallCaps">
<rs id="t19050109-129-verdict-1" type="verdictDescription">
<interp inst="t19050109-129-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-129-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony at Clerken-well Green on February</hi> 23
<hi rend="italic">rd</hi>, 1904.
<hi rend="italic">Four other convictions were proved against him. The police gave him a bad character.
<rs id="t19050109-129-punishment-16" type="punishmentDescription">
<interp inst="t19050109-129-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-129-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-129-19050109 t19050109-129-punishment-16"/>Two years' hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19050109-130">
<interp inst="t19050109-130" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-130" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-130-charge-1" targOrder="Y" targets="def1-130-19050109 t19050109-130-offence-1 t19050109-130-verdict-1"/>
<xptr type="pageFacsimile" doc="190501090014"/>
<persName id="def1-130-19050109" type="defendantName">
<interp inst="def1-130-19050109" type="gender" value="male"/>
<interp inst="def1-130-19050109" type="age" value="40"/>
<interp inst="def1-130-19050109" type="surname" value="BRUNETTI"/>
<interp inst="def1-130-19050109" type="given" value="CARLO"/>
<hi rend="largeCaps">CARLO BRUNETTI</hi> (40)</persName>
<rs id="t19050109-130-offence-1" type="offenceDescription">
<interp inst="t19050109-130-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19050109-130-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously shooting at
<persName id="t19050109-name-73" type="victimName">
<interp inst="t19050109-name-73" type="gender" value="male"/>
<interp inst="t19050109-name-73" type="surname" value="GREEN"/>
<interp inst="t19050109-name-73" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-130-offence-1 t19050109-name-73"/>Charles Green</persName> with intent to do him grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. SYMMONS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. CURTIS BENNETT</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-74" type="witnessName">
<interp inst="t19050109-name-74" type="gender" value="male"/>
<interp inst="t19050109-name-74" type="surname" value="NEILL"/>
<interp inst="t19050109-name-74" type="given" value="ALBERT"/>ALBERT NEILL</persName> </hi>. I live at 49, Whibborne Buildings, Cromer Street, W.C., and am a tiler—on Sunday night, December 18th, about 10.45 p.m., I was alone in Cromer Street—I got to the corner of Tankerton Street, when the prisoner walked up to me and said, u What is the matter?"—I turned round and said, "I don't know what is the matter"—he struck me in my face with his hand—I had never seen him before—I do not know why he struck me—he then said, "Come on," and put his hand behind and took something out of his pocket—I do not know what it was—a little girl called out that he had got something behind him and that made me run round a post—a policeman came up, when the prisoner ran into a house in Tankerton Street—I stood there and saw the police-man knock at the door, but the prisoner would not come out—then a woman called out, "He has got a revolver up on the first floor"—the crowd that was there then ran away and I ran with them—I then heard the report of a pistol—I next saw the prisoner running down the street, with the constable after him—I afterwards saw him taken to the station.</p>
<hi rend="italic">Cross-examined.</hi> At the time I turned from Cromer Street into Tankerton Street there was nobody about—when the prisoner struck me I went to hit him back, but did not do so—I guessed he had something in his pocket because of the movement of his hand—when the constable came on the scene, a great crowd collected—they were not hammering and kicking at the prisoner's shop door.</p>
<hi rend="italic">Re-examined.</hi> A little girl called out that the prisoner had something behind him—I never saw it.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-75" type="witnessName">
<interp inst="t19050109-name-75" type="gender" value="male"/>
<interp inst="t19050109-name-75" type="surname" value="GREEN"/>
<interp inst="t19050109-name-75" type="given" value="CHARLES"/>CHARLES GREEN</persName> </hi> (78
<hi rend="italic">E.</hi>) On December 18th about 10.45 I was on duty at the corner of Cromer Street and Tankerton Street—in consequence of information received I went to 1, Tankerton Street, and knocked at the shop door—I saw the prisoner standing in the corner, holding a revolver in his hand right—I again knocked and asked him to come out—he went down on his knees and crawled across the floor to the window—I knocked again and the prisoner said in broken English "Oh, go away, or I will shoot you all"; or some words like that—I did not go away—he then ran up the stairs and opened the window—I could see by the light of my lantern—I saw the prisoner put his head out—I asked the crowd to get away as he had the revolver in his hand—I then went across the road and stood on the kerb in company with a man named Goldman—the prisoner kept shouting something partly in English and partly in a foreign tongue—I asked him again to come down—he refused—I turned my light on him and I saw him look at me and apparently pointing the revolver in my direction—he fired and I saw the flash come downwards—I rushed to his door, when the prisoner came rushing out with the revolver still in his hand—I followed him—he pointed the revolver in my face, saying, "You come, or I shoot"—he seemed to cross his less, and fell backwards</p>
<xptr type="pageFacsimile" doc="190501090015"/>
<p>into the road—I then closed with him on the ground and tried to get the revolver from him—I had to use my truncheon, and strike him on his head and arms—I eventually got the revolver from him, and with assistance he was taken to the station—he was very violent—he was charged at the station and made no answer—the revolver was fully loaded in six chambers, one cartridge being spent.</p>
<hi rend="italic">Cross-examined.</hi> Four or five persons came up to me first, and in con
<lb/>sequence of what they said I turned into Tankerton Street—there a crowd collected—the people shouted as well as the prisoner—I am clear the pistol was fired downwards and in my direction—no trace of the bullet has been found—when the report was heard the people scattered—when he ran off, followed by me, he was followed by a good many others as well—if he had any intention of hurting me he had every opportunity of doing so—he was very excited.</p>
<hi rend="italic">Re-examined.</hi> In turning round to shoot me he fell backwards.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-76" type="witnessName">
<interp inst="t19050109-name-76" type="gender" value="male"/>
<interp inst="t19050109-name-76" type="surname" value="GOLDMAN"/>
<interp inst="t19050109-name-76" type="given" value="JACK"/>JACK GOLDMAN</persName> </hi>. I live at 70, Cromer Street, W.C., and am a rough stuff cutter—on the night of Sunday, December 18th, I was outside my house—I saw the prisoner and Neill—the prisoner ran at him and smacked him in the face—Neill said, "What it this fox?"—the prisoner ran away into his house because a woman started screaming—just before, I saw Neill run round a pillar post which was there, the prisoner trying to get at him—I saw that the prisoner had something in his right hand, but I do not know what it was—a police constable came up and I spoke to him—I went with him and a lot more to the house—the constable knocked at the door and looked through the shop window—he then crossed over the road—I went with him—I then saw the prisoner at the first floor window—the constable told the crowd to go away—I stopped with him—I saw the pistol flash—I cannot say if it was fired up or down—the prisoner then ran out of his house and the constable went after him—the prisoner turned round and slipped—I heard the words, "Come on," and something else I did not catch—I think the prisoner had the revolver in his hand—he was then arrested.</p>
<hi rend="italic">Cross-examined.</hi> The first thing I noticed on this night was the prisoner
<hi rend="italic">jabbing</hi> at his window, taking enamelled letters off—they were rather low down and he was removing them—there were several people standing round—he scattered them away and went indoors—he came out again—he went towards Neill, who was in Tankerton Street, and struck him—then the prisoner went back again and the constable knocked at the door—there were a lot of people looking on, not kicking at the door—if the prisoner had wanted, he could have shot the policeman daring the chase.</p>
<hi rend="italic">Reexamined.</hi> The people were shouting, "Police," "murder," after he struck Neill.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-77" type="witnessName">
<interp inst="t19050109-name-77" type="gender" value="male"/>
<interp inst="t19050109-name-77" type="surname" value="SCOTT"/>
<interp inst="t19050109-name-77" type="given" value="ARTHUR"/>ARTHUR SCOTT</persName> </hi> (79
<hi rend="italic">E.</hi>) On December 18th, about 10.35 p.m., I passed It Tankerton Street—I was in uniform—I saw the prisoner—he said "Good-night" to me, and I said "Good-night" to him—I went to my</p>
<xptr type="pageFacsimile" doc="190501090016"/>
<p>home and there changed my things when I heard a woman scream—I put my cap and jacket on and ran into the street—I saw Green there—then was a crowd near the prisoner's shop—Green went to the prisoner's shop and knocked at the door and called upon the prisoner to come out—I looked through the shop window and saw the prisoner there—he then went upstairs, opened the window, and called out "Come on, come on"—I heard the report of a pistol and saw a flash—I cannot say in what direc
<lb/>tion it was—I saw the prisoner run out and helped to catch him—I made a blow at him and fell over—when I got up he was in custody—he was very violent part of the way to the station.</p>
<hi rend="italic">Cross-examined.</hi> I know the prisoner by sight and he knows me—when I passed his house the first time there was nothing wrong with him—he is a boot and shoe mender.</p>
<hi rend="italic">The prisoner, in his defence on oath (interpreted), stated that he had been in England about fifteen months; that upon the evening in Question there were some enamelled letters missing from his shop window which had been torn off by a boy who had run away; that he (the prisoner) then took the others off to put them higher, when he was annoyed by a number of people standing round; that Neill struck him, and he then went indoors and got a revolver as he was afraid the crowd would break the door in, and that he fired it simply to frighten the crowd.</hi> </p>
<hi rend="italic">Evidence for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-78" type="witnessName">
<interp inst="t19050109-name-78" type="gender" value="male"/>
<interp inst="t19050109-name-78" type="surname" value="DAVIS"/>
<interp inst="t19050109-name-78" type="given" value="THOMAS"/>THOMAS DAVIS</persName> </hi> (
<hi rend="italic">Detective Sergeant E.</hi>) I have made enquiries about the prisoner—he has been in England about sixteen months and has been a peaceable and well-behaved man—his neighbourhood is a poor one—it is not one of the foreign quarters—it is rather a rough place.</p>
<hi rend="italic">Cross-examined.</hi> The people are not what might be called a "tough crowd"—the children there make a great noise in their play.</p>
<hi rend="italic">Re-examined.</hi> There are children about there at night.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-79" type="witnessName">
<interp inst="t19050109-name-79" type="gender" value="male"/>
<interp inst="t19050109-name-79" type="surname" value="MILES"/>
<interp inst="t19050109-name-79" type="given" value="CHARLES"/>CHARLES MILES</persName> </hi> I live at 2, Tankerton Street, next door to the prisoner—I heard a noise and looked out of the window—I saw my little boy standing outside when the prisoner rushed out and
<hi rend="italic">dumped</hi> him—after that I heard a banging at the door and a man using very foul language and calling the prisoner a bastard—the prisoner opened the door and there was a scuffle—the prisoner went in again and there was continual shouting outside when a policeman came up—I saw the prisoner fire a revolver straight up in the air—there are houses opposite with a blank wall—the crowd all dispersed—the prisoner rushed out of his house—I went out and found the crowd ill-using him.</p>
<hi rend="italic">Cross-examined.</hi> There was some quarrelling before the police came up—I did not see the prisoner strike a man, but the men there were using bad language—the revolver was turned up a little way and the sparks went up into the air.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-80" type="witnessName">
<interp inst="t19050109-name-80" type="gender" value="female"/>
<interp inst="t19050109-name-80" type="surname" value="NAYLOR"/>
<interp inst="t19050109-name-80" type="given" value="ELIZA"/>ELIZA NAYLOR</persName> </hi>. I am the wife of Robert Naylor, of 73, Cromer Street—my husband is the prisoner's landlord's agent—the prisoner bears the character of a quiet and inoffensive man—he is a good deal molested—on the Sunday evening in question I heard quarrelling—I went out and saw</p>
<xptr type="pageFacsimile" doc="190501090017"/>
<p>a man named Neill, not the one that has been here; I think he is his father—he was threatening the prisoner and using foul language and said to him, "If you come out here I shall play a game with you, I shall punch you on the nose"—the prisoner was then inside—two constables came and the men outside told them about the prisoner—the constables told him to come out—he did not—they then crossed the road, when I heard a report—I should think there were 100 people outside the shop then—I did not see the firing.</p>
<hi rend="italic">Cross-examined.</hi> The thing I noticed most was the man Neill threaten
<lb/>ing the prisoner.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-81" type="witnessName">
<interp inst="t19050109-name-81" type="gender" value="male"/>
<interp inst="t19050109-name-81" type="surname" value="NAYLOR"/>
<interp inst="t19050109-name-81" type="given" value="ROBERT"/>ROBERT NAYLOR</persName> </hi>. I live at 73, Cromer Street—the prisoner has the character of a quiet inoffensive man—he is a good deal molested by the roughs in the neighbourhood.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-82" type="witnessName">
<interp inst="t19050109-name-82" type="gender" value="male"/>
<interp inst="t19050109-name-82" type="surname" value="NEILL"/>
<interp inst="t19050109-name-82" type="given" value="ALBERT"/>ALBERT NEILL</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I did not go to the prisoner and strike him or try to strike him—my father came up after the screaming, and after the prisoner was indoors.</p>
<hi rend="smallCaps">
<rs id="t19050109-130-verdict-1" type="verdictDescription">
<interp inst="t19050109-130-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19050109-130-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>. (
<hi rend="italic">See next case.</hi>)</p> </div1>
<div1 type="trialAccount" id="t19050109-131">
<interp inst="t19050109-131" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-131" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-131-charge-1" targOrder="Y" targets="def1-131-19050109 t19050109-131-offence-1 t19050109-131-verdict-1"/>
<persName id="def1-131-19050109" type="defendantName">
<interp inst="def1-131-19050109" type="gender" value="male"/>
<interp inst="def1-131-19050109" type="surname" value="BRUNETTI"/>
<interp inst="def1-131-19050109" type="given" value="CARLO"/>
<hi rend="largeCaps">CARLO BRUNETTI</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t19050109-131-offence-1" type="offenceDescription">
<interp inst="t19050109-131-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19050109-131-offence-1" type="offenceSubcategory" value="assault"/>for a common assault upon
<persName id="t19050109-name-84" type="victimName">
<interp inst="t19050109-name-84" type="gender" value="male"/>
<interp inst="t19050109-name-84" type="surname" value="GREEN"/>
<interp inst="t19050109-name-84" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-131-offence-1 t19050109-name-84"/>Charles Green</persName>.</rs> </p>
<hi rend="smallCaps">MR. SYMMONS</hi>,
<hi rend="italic">for the Prosecution, offered no evidence.</hi> </p>
<rs id="t19050109-131-verdict-1" type="verdictDescription">
<interp inst="t19050109-131-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19050109-131-verdict-1" type="verdictSubcategory" value="noEvidence"/>
<hi rend="smallCaps">NOT GUITY</hi> </rs>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, January.</hi> 11
<hi rend="italic">th</hi>, 1905.</p>
<hi rend="italic">Before Mr. Justice Darling.</hi> </p>
<div1 type="trialAccount" id="t19050109-132">
<interp inst="t19050109-132" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-132" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-132-charge-1" targOrder="Y" targets="def1-132-19050109 t19050109-132-offence-1 t19050109-132-verdict-1"/>
<persName id="def1-132-19050109" type="defendantName">
<interp inst="def1-132-19050109" type="gender" value="male"/>
<interp inst="def1-132-19050109" type="age" value="32"/>
<interp inst="def1-132-19050109" type="surname" value="MIRANDA"/>
<interp inst="def1-132-19050109" type="given" value="LEON"/>
<hi rend="largeCaps">LEON MIRANDA</hi> (32)</persName>
<rs id="t19050109-132-offence-1" type="offenceDescription">
<interp inst="t19050109-132-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19050109-132-offence-1" type="offenceSubcategory" value="manslaughter"/>, Manslaughter of
<persName id="t19050109-name-86" type="victimName">
<interp inst="t19050109-name-86" type="gender" value="male"/>
<interp inst="t19050109-name-86" type="surname" value="MACINTYRE"/>
<interp inst="t19050109-name-86" type="given" value="ALEXANDER"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-132-offence-1 t19050109-name-86"/>Alexander Macintyre</persName> on the high seas.</rs> </p>
<hi rend="smallCaps">MR. SYMMONS</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. HUTTON</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="italic">The evidence was interpreted where necessary</hi>,)</p>
<hi rend="smallCaps">
<persName id="t19050109-name-87" type="witnessName">
<interp inst="t19050109-name-87" type="gender" value="male"/>
<interp inst="t19050109-name-87" type="surname" value="MCCARTHY"/>
<interp inst="t19050109-name-87" type="given" value="MICHAEL"/>MICHAEL MCCARTHY</persName> </hi>. I am an officer of the Board of Trade, and produce the certificate of the British sailing ship
<hi rend="italic">Norwood</hi> and the log and every
<lb/>thing connected with her—she is registered as a British ship, the port of register being Maitland.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-88" type="witnessName">
<interp inst="t19050109-name-88" type="gender" value="male"/>
<interp inst="t19050109-name-88" type="surname" value="SMITH"/>
<interp inst="t19050109-name-88" type="given" value="JOHN"/>JOHN SMITH</persName> </hi>. I was boatswain on the
<hi rend="italic">Norwood</hi>—I joined at Manilla, I believe, in July, 1904—I was second officer as well as boatswain—I took a watch—the prisoner joined the ship I believe on July 7, 1904, as an A.B. in Manilla—I was on board before him—I knew the chief officer Macintyre—he joined a little before I did at Manilla—the prisoner was in his watch—the prisoner is from Manilla—we had six others of the same nationality in the crew—there was on board the captain, chief officer, and myself, sixteen of the crew, cook, steward, and a lady and child—I had no diffi
<lb/>culty in getting these men from Manilla to do their work—they were not competent; they were not seamen—I believe that was the cause of most of the trouble with the chief officer—in October I saw an occurrence between the prisoner and the chief officer—I do not remember the date—it was in the day time—their watch was on deck—I was below—I
<hi rend="italic">see</hi> the mate.</p>
<xptr type="pageFacsimile" doc="190501090018"/>
<p>that is Macintyre, strike the prisoner with his fist at the fore-brace and knock him down—he then pulled him up by his collar—that same evening I was on deck, the other watch was also on deck, to set the fore topsail—the mate ordered the prisoner to go up and loose the fore topsail—he did so, but he did not overhaul the bunt lines—the mate told him to overhaul the bunt lines four or five times—the prisoner tried to do so, but they were wet and got stuck—he did not do it quick enough, so the mate climbed the rigging after him—I did not see him strike the prisoner, but I know he did—the next I heard was when it was my watch at 8 o'clock—it was the mate's watch below, but he turned the prisoner over to me to keep him up to scrub the deck house as a punishment—the prisoner was sup
<lb/>posed to keep up, but I let him go and sit down until the chief officer came up again—the prisoner did not sleep, but he sat on the forecastle—I thought he was unjustly punished—I knew he could not do what the mate wanted him to do—I was relieved at 12 o'clock—I went below and as I was getting ready to turn in I heard a noise on deck—I
<hi rend="italic">come</hi> to my door and looked out—I could not see anything, but I heard blows and I heard the prisoner saying, "0 Christ,"—that was directly the blow was struck—I do not know
<hi rend="italic">no</hi> more—about an hour later the captain came to the door and called out to me to come on deck—I had turned in then—I went on deck—the captain said, "Go and find Leo; he has cut the mate"—I searched the ship fore and aft—we were not able to find him for three days—I did not see the mate go into the cabin, but I know he walked into the cabin and told the captain he was cut—he died on October 15th, and was buried at sea—on the 14th it was my watch on deck at 4 a.m.—I stood near the break of the poop—I was drinking coffee—I saw an object coming along the water-way—I
<hi rend="italic">see</hi> the prisoner come along the water-way—he
<hi rend="italic">come</hi> up to me—I walked down—I said, "Who is this?"—he said, "It is me, Smith; I have come to give myself up"—he told me he had been
<hi rend="italic">hid</hi> in the ventilator—I went to the captain and told him the prisoner had come up—the captain put him in irons—I heard the captain ask him if he cut the mate—he said, "I cut him in self defence."</p>
<hi rend="italic">Cross-examined.</hi> I did not hear the prisoner say that the mate was trying to kill him—later on
<hi rend="italic">me</hi> and the captain went down and asked him why he cut the mate and he said because he was trying to kill him—I don't know how many times I saw the mate strike the prisoner, because I am not on deck when the prisoner is on watch—I know the deceased behaved in an exceedingly brutal manner towards the prisoner—an officer is not entitled to strike any of the crew—the deceased struck mostly all the crew—I remember a man named Mike being on board—I did not see him struck on several occasions by the deceased—I heard of it—Mike did not throw himself overboard—he was missing—it was not supposed that he was drowned—he made a raft and escaped—one night I was on watch and missed some steps—I went back to the watch and said, "Where are those steps?"—they said, "We do not know"—we lay off the point where we were for fix hours—I had seen Mike sell his box and clothes to the bumboat-men—we were about ten miles from the</p>
<xptr type="pageFacsimile" doc="190501090019"/>
<p>shore when he escaped—if he could live on the raft he would get there—the tide was running in when he left and there were fishing people about—I did not put off after him—I did not know he had gone until about forty
<lb/>five minutes afterwards—I believe another man fell overboard—I do not know that he threw himself overboard—I was below—he was drowned—I heard that the deceased had been knocking him about—I did not hear the prisoner say, "0 Christ! what are you doing?"—he may have said, "What are you doing?"without my hearing him—there were sounds of three or four blows—I did not see a piece of iron when I went up after
<lb/>wards—it was dark—when the prisoner came in after the three days I saw a cut on his head—he showed it to me.</p>
<hi rend="italic">Re-examined.</hi> When a man is struck by an officer he is supposed to go and complain to the captain, but the men did not do it.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-89" type="witnessName">
<interp inst="t19050109-name-89" type="gender" value="male"/>
<interp inst="t19050109-name-89" type="surname" value="PERCH"/>
<interp inst="t19050109-name-89" type="given" value="HARRY"/>HARRY PERCH</persName> </hi>. I was an A.B. on the
<hi rend="italic">Norwood</hi>—I joined her on June 27th at Manilla—the prisoner also joined there—I was in the mate's watch with the prisoner and two other Phillipinos—as far as Manillamen go they were competent seamen—the prisoner was able to do a seaman's work except steering—I saw quarrels between the mate and the prisoner on more than one occasion—the mate was, from the time we left Manilla, very cruel to the prisoner especially, as well as to the other Phillipinos and the Japanese we had on board—there was no watch but they were beat about—the prisoner was beaten and punched by the mate—on occasions I have seen him beaten with a lump of wood—I have seen him knocked down on the deck and kicked about on the deck—for six weeks he always had a bruise or a out on his face—he had a sore on his ear and a bit of a filling—if it had been attended to it might have healed up, but the mate kept it open—things were going on like that right up to the time the prisoner turned on the mate—I am a German and an American subject—the mate was supposed to be a Scotch
<lb/>man—I got on first-rate with him—he never ill-treated me—I have been a sailor for eighteen years—I know my work—I never saw any of the men hit back—I guess I would have done so—on the evening of the day on which the mate met with his death we were called on deck at 6 o'clock—the second mate sung out to loose the fore upper topsail—the prisoner went up to do it—he loosed it and overhauled the bunt lines—there seemed to be something wrong with the lee bunt lines so that we could not hoist it properly—the mate sung out, "Overhaul those bunt lines"—the prisoner said, "They are all slack, sir"—the mate said again," Over
<lb/>haul those bunt lines"—the prisoner said, "They are all slack, sir"—the mate said, "Stop hauling; I will go up and see he overhauls them to my satisfaction"—I
<hi rend="italic">see</hi> him step on to the yard and hit the prisoner—we set the sail and I went below—the sail went all right after that—th same evening the prisoner spoke to me in the forecastle about 9 p.m.—a light was burning, but not very bright—I said, "Is anything the matter with you?" and I asked him what he had to stay on deck for—he said he had to work on deck and said, "Feel my head"—I put my hand on his head—there was fresh blood on it—I said, "How did that happen?"—</p>
<xptr type="pageFacsimile" doc="190501090020"/>
<p>he said. "The mate hit me with a piece of iron on the yard"—he went on deck and T went to sleep—I went on deck at 12 o'clock—a little after 12 we had to bout ship and I
<hi rend="italic">see</hi> the mate hit and kick the prisoner, who ran away—the mate went after him again and caught him and kicked and hit him again—I was working forward attending to the fore sheet and the next thing I
<hi rend="italic">see</hi> was something running round the hatch—I did not take any notice of it—I did not see the wound inflicted on the mate—the prisoner as a rule did not carry a knife—later on, when the prisoner was in irons, he told me he had got a knife out of one of the Phillipinos' bunks—Francisco we call him—he said he had borrowed it to scrape the paint off—the mate was a first-class seaman.</p>
<hi rend="italic">Cross-examined.</hi> When I saw the mate kicking and beating the prisoner he had been on duty continuously for twenty hours—I did not see any knife in his hand then—I did not hear any threats—I remained on deck till 4 o'clock—I did not hear the prisoner say, "0 Christ," or any words at all—when the mate was kicking him he was on the deck on his knees, and the mate was holding his head down kicking at his face—I saw that myself—the captain ought to have known what was going on, because the men were all disfigured—he ought to have seen it—if he had taken the trouble he could easily have found out—I remember a man named Mike—he went over the side just by Angey Point on a ladder—he had been brutally treated by the mate—I knew a man named Tokio—he went over the side in rather peculiar circumstances—he was drowned, I think—he had been more brutally treated by the mate than any other man on board the ship—he had complained to me about the way he was treated—he said the mate had twice threatened to kill him—I was only about five yards from him when he went over the side—I had just pulled him in once—I had my back turned to him—he was hanging over the side, trying to get a bucket full of water—While I was not looking he fell over the side—I do not know if it was accidental—it was accidental the time I pulled him in—he was not trying to commit suicide—he fell over about one and a half minutes after I had pulled him in—he had not got the bucket in—he had made complaints about the mate's treat
<lb/>ment of him—the mate was not near him when he went overboard—I raised the cry of "Man overboard"—the ship came round—on the evening the mate was stabbed, two or three hours before it happened the prisoner went up the mast—I saw the mate go up after him and I saw him strike the prisoner.</p>
<hi rend="italic">Re-examined.</hi> I did not make any complaint to the captain of the way any of these men were being treated, because he would probably tell me to mind my own business—I had never sailed on that ship before—I had often been to sea before—it is a matter of chance whether the men are badly treated—this ship was a bad one—John Smith is a good man—the mate was a cruel man; he was a brute—I cannot say much for the captain—the ship might not have had a captain at all—he did not give the men any satisfaction—it looked as if the mate could do just as he pleased.</p>
<xptr type="pageFacsimile" doc="190501090021"/>
<hi rend="smallCaps">
<persName id="t19050109-name-90" type="witnessName">
<interp inst="t19050109-name-90" type="gender" value="indeterminate"/>
<interp inst="t19050109-name-90" type="surname" value="ASCOLESI"/>
<interp inst="t19050109-name-90" type="given" value="GUISIPPI"/>GUISIPPI ASCOLESI</persName> </hi>. I was a seaman on the
<hi rend="italic">Norwood</hi>—the prisoner was in my watch—he and the mate did not agree from the first day—the mate called the prisoner all the worst names that can be called to a dog—I have seen him hit him every day—the prisoner had to scrub the deck with sand and water after twenty hours on duty—on the night the mate was stabbed, at 7.50, he called the prisoner to do something to the fore upper topsail—the prisoner protested, as it is well known that one man cannot work the roping—it requires two or three men—the mate coming on deck saw the work had not been carried out as he wished, and he com
<lb/>menced to call the prisoner all sorts of names—he followed him up aloft to the yard and there hit him—at 12 o'clock the mate came up on deck—he saw the prisoner working and said, "What are you doing there?"—the prisoner said, "I am doing the work I have been ordered to"—then we had to put the vessel about—the mate abused the prisoner—I was not far from him, by one of the masts, gathering up the loose ropes—I saw the mate hit him several times, calling him a bastard, and saying," I will kill you to-night"—he got a belaying pin and the prisoner flew for his life—from the first day the mate hit me, and broke my bead, and treated me as a negro all along—three times I went to the captain to complain, but he never gave me any satisfaction.</p>
<hi rend="italic">Cross-examined.</hi> The mate specially ill-treated the Phillipinos—he broke part of the prisoner's ear, and he had it sore for three weeks—the mate was very cruel against the crew in general—I never heard him say that he had lost a ship before through the Phillipinos—the only satisfaction he used to give anyone was always with his fists—I saw the prisoner often being kicked—a Portuguese on board was drowned on account of him—I do not know his name—when he kicked the prisoner he had on a heavy pair of boots from the American Army; not his sea boots—he would pick up anything that came to his hands—he often hit him with his fists or picked up a belaying pin—the prisoner con
<lb/>stantly complained that the deceased threatened to loll him—the prisoner had often complained to the captain, who gave him no satis
<lb/>faction, although he saw what was happening all around with the crew.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-91" type="witnessName">
<interp inst="t19050109-name-91" type="gender" value="male"/>
<interp inst="t19050109-name-91" type="surname" value="MCLOUGHTON"/>
<interp inst="t19050109-name-91" type="given" value="MICHAEL"/>MICHAEL MCLOUGHTON</persName> </hi>. I am an A. B. on the
<hi rend="italic">Norwood</hi>—up to the night that the mate was stabbed he had been behaving cruelly and badly to the prisoner—on the day he was stabbed, between 6 and 8 p.m. he sent the prisoner to loose the fore topsail and overhaul the bunt lines—he went up—the mate
<hi rend="italic">holloed</hi> out to him to overhaul the bunt lines—he shouted to him a dozen times and then said, "I will show the black bastard how to overhaul them"—he went up—I did not see what happened; it was too dark—at 10 o'clock I saw the prisoner scrubbing the deck house—he showed me a cut on his head, and said the mate had done it when he was aloft—it was bleeding—I said, u Could not you put your hand up to keep him from giving you a clout like that; he might have knocked you down?"—he said he had not got a knife.</p>
<hi rend="italic">Cross-examined.</hi> I saw a good deal of the prisoner—I found him a willing, obliging, quiet and peaceable man—he never quarrelled with any
<lb/>body—he never answered the mate; he knew better than to do that—the</p>
<xptr type="pageFacsimile" doc="190501090022"/>
<p>mate treated the Phillipinos worse than the others—the Italian chap (
<hi rend="italic">Ascolesi</hi>) used to clout the prisoner.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-92" type="witnessName">
<interp inst="t19050109-name-92" type="gender" value="male"/>
<interp inst="t19050109-name-92" type="surname" value="HOWE"/>
<interp inst="t19050109-name-92" type="given" value="JOSEPH"/>JOSEPH HOWE</persName> </hi>. I am the master of the
<hi rend="italic">Norwood</hi>—I shipped the prisoner at Manilla as an A.B.—I had to reduce him afterwards to a boy's rating because he was not capable of doing his duty as an A.B.—up to October 10th there had been no complaint to me that the prisoner had been badly treated—Ascolesi complained to me that the mate had hit him—I ex
<lb/>postulated privately with the mate about it, and said I did not allow any
<lb/>thing of the sort on board the ship—on October 11th I had just left the deck when the mate called me—I attended to his wound as well as I could—I laid him down—I found a stab in his stomach, about midway between the pit of the stomach and the navel—it was one and a quarter to one and a half inches in length—it was bleeding considerably—I dressed it—it seemed to be getting better—the bleeding seemed to stop, as far as I could tell—I gave orders for the prisoner to be looked for—we could not find him at the time—for some days the mate seemed to be progressing fairly well, but he died on the 15th—the prisoner turned up on the 14th—I have no doubt that the deceased died from the effects of the wound—I found a knife sheath and belt at the break of the forecastle, some little distance from where the mate was stabbed—the knife was never found, to my knowledge—I cannot swear to whom the sheath belonged—it was said it belonged to one of the Phillipinos—when the prisoner gave himself up, I had him put in irons—if my memory serves me right, next day I asked him if he cut the mate, and he said he did—he gave me no reason for doing it—we took him in irons to St. Helena—I did not take him before the Governor, but the harbour-master came on board and saw him—the prisoner told him in my presence that he cut the mate because he was abusing him and calling him
<hi rend="italic">out of his name</hi>—he was brought to England and given into the custody of the Thames police.</p>
<hi rend="italic">Cross-examined.</hi> I did not know my men were being knocked about in this way—the mate had no right, without my permission, to punish the prisoner badly—he had no right to put him on work for twenty hours—I did not know that he was at work for twenty hours, and I have my doubts about it now—I was on deck at night—I did not work the ship, and I left it to the mate to work the men—I did not know anything of the mate till I shipped him at Manilla—until I got to London I did not know that he had been charged with ill-treating men on board ships before, and since then I expect I have heard more than he ever heard himself—I heard for the first time this morning that his master's certificate had been taken away from him.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-93" type="witnessName">
<interp inst="t19050109-name-93" type="gender" value="male"/>
<interp inst="t19050109-name-93" type="surname" value="REED"/>
<interp inst="t19050109-name-93" type="given" value="WILLIAM"/>WILLIAM REED</persName> </hi> (
<hi rend="italic">Inspector Thames Police</hi>). At 4 o'clock on December 28th I boarded the
<hi rend="italic">Norwood</hi> while she was lying off the West India Dock in the river—I arrested the prisoner—I told him I should take him into custody for the murder of Alexander Macintyre on that ship while off the Cape of Good Hope—he said, "He plenty beat me and kick me; make me bleed plenty. Eight o'clock that night he sent me up to loose the fore upper topsail. I loosed it, and after I make up the gaskets the bunt lines got foul and I could not overhaul them, they got clear. The mate come upon the</p>
<xptr type="pageFacsimile" doc="190501090023"/>
<p>yard and hit me on the head and nose. He called me a son of a bitch and a black bastard. I told him I was not a black bastard. He said,' I kill you." He hit me on the head and face and made me bleed and knock me down on the deck when I got there, and kicked me afterwards. I had my work with the others cleaning up the decks. At 12 o'clock all hands put the ship about, and after she came round and ropes had all been cleaned, he sent me to the mizzen top gallant brace to haul the yard round. While I was doing: it he called me a black bastard and a son of a bitch and hit me and kicked me. I then took out my sheath knife and put it in his stomach. He say he kill me."—he called attention to his head. I examined it and saw a soar on his nose and his right ear was closed—I saw no marks on his head—on the 5th of this month I made a further examination of his head, and found two scars there, and one on the second finger of his left hand.</p>
<hi rend="italic">Cross-examined.</hi> I have made inquiries about the deceased—I find that he has been guilty of great brutality to seamen under him on other ships—in 1899 he had his certificate suspended—he then went away on a ship as chief officer and repeated the same conduct—on the various ships on which he has been, the report is that he has been guilty of great brutality.</p>
<rs id="t19050109-132-verdict-1" type="verdictDescription">
<interp inst="t19050109-132-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-132-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">With the strongest possible recommendation to mercy on account of the provocation.</hi> </rs>
<hi rend="italic">
<rs id="t19050109-132-punishment-17" type="punishmentDescription">
<interp inst="t19050109-132-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-132-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-132-19050109 t19050109-132-punishment-17"/>Three days' imprisonment; discharged</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, Thursday, Friday and Monday, January</hi> 11
<hi rend="italic">th</hi>, 12
<hi rend="italic">th</hi>, 13
<hi rend="italic">th and</hi> 16
<hi rend="italic">th</hi>, 1905.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t19050109-133">
<interp inst="t19050109-133" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-133" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-133-charge-1" targOrder="Y" targets="def1-133-19050109 t19050109-133-offence-1 t19050109-133-verdict-1"/>
<join result="criminalCharge" id="t19050109-133-charge-2" targOrder="Y" targets="def2-133-19050109 t19050109-133-offence-1 t19050109-133-verdict-1"/>
<join result="criminalCharge" id="t19050109-133-charge-3" targOrder="Y" targets="def3-133-19050109 t19050109-133-offence-2 t19050109-133-verdict-1"/>
<join result="criminalCharge" id="t19050109-133-charge-4" targOrder="Y" targets="def4-133-19050109 t19050109-133-offence-2 t19050109-133-verdict-1"/>
<persName id="def1-133-19050109" type="defendantName">
<interp inst="def1-133-19050109" type="gender" value="male"/>
<interp inst="def1-133-19050109" type="surname" value="SCHULTZ"/>
<interp inst="def1-133-19050109" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK SCHULTZ</hi> </persName>,
<persName id="def2-133-19050109" type="defendantName">
<interp inst="def2-133-19050109" type="gender" value="male"/>
<interp inst="def2-133-19050109" type="age" value="26"/>
<interp inst="def2-133-19050109" type="surname" value="BRIGGS"/>
<interp inst="def2-133-19050109" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BRIGGS</hi> (26)</persName>,
<persName id="def3-133-19050109" type="defendantName">
<interp inst="def3-133-19050109" type="gender" value="male"/>
<interp inst="def3-133-19050109" type="age" value="32"/>
<interp inst="def3-133-19050109" type="surname" value="INCE"/>
<interp inst="def3-133-19050109" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK INCE</hi> (32)</persName>, and
<persName id="def4-133-19050109" type="defendantName">
<interp inst="def4-133-19050109" type="gender" value="male"/>
<interp inst="def4-133-19050109" type="surname" value="HYMAN"/>
<interp inst="def4-133-19050109" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD HYMAN</hi>, </persName>
<rs id="t19050109-133-offence-1" type="offenceDescription">
<interp inst="t19050109-133-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19050109-133-offence-1" type="offenceSubcategory" value="simpleLarceny"/>Conspiring and agreeing together to steal the goods of
<persName id="t19050109-name-98" type="victimName">
<interp inst="t19050109-name-98" type="gender" value="male"/>
<interp inst="t19050109-name-98" type="surname" value="MANSELL"/>
<interp inst="t19050109-name-98" type="given" value="HENRY JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-133-offence-1 t19050109-name-98"/>Henry John Mansell</persName>.</rs> </p>
<hi rend="smallCaps">MR. BODKIN</hi> and
<hi rend="smallCaps">MR. LEYCESTER</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. WARDE</hi> and
<hi rend="smallCaps">MR. HOLFORD KNIGHT</hi>
<hi rend="italic">appeared for</hi> Schultz,
<hi rend="smallCaps">MR. WALTER STEWARD</hi> and
<hi rend="smallCaps">MR. LORT-WILLIAMS</hi>
<hi rend="italic">for</hi> Briggs,
<hi rend="smallCaps">MR. HUTTON</hi> and
<hi rend="smallCaps">MR. FORDHAM</hi>
<hi rend="italic">for</hi> Ince, and
<hi rend="smallCaps">MR. CHARLES MATHEWS</hi> and
<hi rend="smallCaps">MR. BOHN</hi>
<hi rend="italic">for</hi> Hyman.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-99" type="witnessName">
<interp inst="t19050109-name-99" type="gender" value="male"/>
<interp inst="t19050109-name-99" type="surname" value="MANSELL"/>
<interp inst="t19050109-name-99" type="given" value="HENRY JOHN"/>HENRY JOHN MANSELL</persName> </hi>. I am a wholesale stationer, and carry on business in the name of Coutts & Co., at 57 and 59, Golden Lane, E.C.—I have two factories, one called the New Factory at Great Arthur Street in the same neighbourhood, and the other called the Old Factory in Golden Lane, which practically abuts on to the New Factory—in the manufacture of boxes we use a large quantity of these straw boards (
<hi rend="italic">Produced</hi>), which are manufactured in Holland for me—I send specifications for 1,000 or 1,500 tons to be made at a time, and they are delivered over a specified period—in my specifications I name the quantities and sizes, which I require, which are almost exclusively twenty-five inches by thirty-four inches, twenty-five inches by forty inches, and thirty inches by forty inches—these sizes are most uncommon in the trade and are not to be got, as a rule—I also have them rolled less than the ordinary strawboard on the market, and I manipulate them in my own factories—this is a piece (
<hi rend="italic">Produced</hi>) to which we have added white paper on one side, and this is</p>
<xptr type="pageFacsimile" doc="190501090024"/>
<p>another piece to which we have added white paper on both sides—they are delivered unlined and always in bundles of £ 1/2 cwt. each, the number in each bundle varying according to the weight, some being ten ounce, twelve ounce, and fourteen ounce boards, it is based on twenty-two inches and thirty-two inches—ordering thirty inches by forty inches, we should say thirty inches by forty inches as ten ounces twenty-two inches by thirty-two inches—in ordering I also give instructions for a shipping mark to be put on, which is invariably a number in a diamond; sometimes in actual practice the diamond becomes a rectangular figure—the number I use is invariably the number of the page upon which the order happens to be written in my order book—the outside board of each bundle is marked with this shipping mark, the size and the weight—there is no means of identifying the inner boards—I do not know of anybody else who uses this shipping mark, but it is common in the trade to have the outside board marked with a shipping mark—the goods I have ordered are landed in quantities of from 50 to 100 tons at a time at the Gun, Shot & Griffin Wharf, and are warehoused there—I have never less than 350 tons warehoused there, and as much as 500 tons, and at the factory I keep not less than from 120 to 150 tons—Briggs keeps the stock at the factory and when the machine minder has used up, say, two or three tons Briggs would send a note into the counting-house and one of the clerks would send an order down to Gun & Shot Wharf to replenish the stock—Briggs would therefore know and give information to the clerk as to what strawboards were wanted; he would mention the size also—the order would be sent by post to the wharf, specifying the size, weight, and shipping mark—it would be the duty of the people at the wharf to take out from the stock the quantity we desired, and despatch it by carman to us—I have known Schultz for some years as a carman of the Wharves Co., who frequently delivered the goods to us—this is one of the orders my clerk sent to the wharf (
<hi rend="italic">Ex. N.</hi>), which orders 160 bundles, thirty inches by forty inches, fourteen ounces, seventy-six in a diamond, ex.
<hi rend="italic">Teal</hi>—the carman from the wharf would have his book in which are entered the quantities of the goods he is delivering, but not their description, and it would be the duty of Briggs at the New Factory, and Woodhouse at the Old Factory, to sign the book when these goods are received, and it would then be taken back to the wharf by the carman—the carman is also entrusted with a delivery note, which it is his duty to give to Briggs or Woodhouse, as the case may be, and it is their duty to hand such delivery note into the counting-house in the evening—there would sometimes be several deliveries in one day, and it is the clerk's duty, on receiving this blue docket or delivery note to compare it with the landing note and to write the goods off, in order that we may know what is left at the wharf, so that if a consignment is not delivered it would be discovered at once by this delivery note not having been forwarded into the counting house—the amount of strawboards that we use is on an average fifty tons a week—if the carmen's books were not signed, the wharf people would know the goods had not been delivered—we have from twelve to fourteen tons per week of waste, which we sell to paper mills in England,</p>
<xptr type="pageFacsimile" doc="190501090025"/>
<p>to be repulped, and some of which goes to the Continent—unless it were a very large amount of strawboards missing, we should not notice it, except perhaps by there being a shortage in the profits; it would be impossible for us to keep a check upon goods—the market price of these strawboards in London is from £4 7s. 6d. to £4 15s. per ton free domicile, subject to a trade discount of 2 1/2 per cent, cash in a month—the price does not vary much—the first news I had of the robbery was Sergeant Laing coming to me on October 3rd with some strawboards marked seventy-six in a diamond, thirty inches by forty inches, fourteen ounces, and which I identified as mine—I then went with him to Bracht & Friedlaender's, where I saw 160 bundles, four tons in weight, each bundle bearing the 76 in a diamond mark and the same size and weight—on turning to page 76 of my order book (
<hi rend="italic">Produced</hi>) I found that those were a portion of the goods I ordered on July 18th, 1904, having ordered five tons, or 200 bundles, and I see that my clerk has marked it off as having been delivered at the wharf—the date of the invoice is July 26th and the goods are generally delivered about two weeks after—this is an order (
<hi rend="italic">Ex. N.</hi>) to the wharf, dated September 28th, to deliver to us 160 bundles, thirty by forty inches, fourteen ounces; and this is the delivery note (
<hi rend="italic">Ex. O.</hi>), for those 160 bundles, which was sent by the wharf people in accordance with their ordinary prac
<lb/>tice, and given to Briggs, and duly lodged by him at the counting-house, as though the goods had been delivered—in this carman's delivery book (
<hi rend="italic">Produced</hi>) is the entry for those 160 bundles, signed by Briggs, whose handwriting I know, as having been delivered—I returned with Laing and Inspector Kyd from Bracht & Friedlaender's to my factory, and saw Schultz delivering some strawboards, which Briggs was taking in—I gave Schultz into the custody of Laing, and went with Kyd into the basement, where I gave Briggs into custody—Schultz made some remark that if he had delivered the goods, they would be signed for, and Briggs, as far as I heard, said he knew nothing at all about it—previous to this Hyman was arrested—I was not present when Ince was arrested—I charged Briggs and Schultz at 10 a.m. at the City Road police station, and all the prisoners were brought up before the Magistrate on October 5th—after the first hearing at the Police Court, I went to Schmaltz's, a wholesale stationer at 213, Featherstone Street, and found there ninety-four bundles of strawboards, twenty-four of them being marked with eighteen in a diamond, sixty-four marked eighty in a diamond and six marked ninety-four in a diamond—those marked eighteen in a diamond were part of an order which had been given on May 10th, 1904, for twelve tons of thirty inches by forty inches, fourteen ounces; the eighty in a diamond were part of an order for twelve tons, thirty inches by forty inches, twelve ounces, given on July 26th, 1904, and the ninety-four in a diamond were part of an order for ten tons, twenty-five inches by thirty-four inches, twelve ounces, given on August 15th—I had not sold any of the straw-boards obtained from those three orders—either that day or the next I went to the premises of Munt & Sons, wholesale stationers, of Cross Street. Hatton Garden, where I found 119 bundles, which I identified in the same way—they all bore numbers and sizes corresponding with</p>
<xptr type="pageFacsimile" doc="190501090026"/>
<p>orders I had given at various dates—I then went to the premises of Mrs. Arnold, a strawboard liner, of 1. Dufferin Avenue, St. Luke's, whore I found ninety-five bundles of my strawboards bearing my shipping marks, corresponding with orders I had given at various times—I am prepared to refer to each order, if desired—from there I went to Dredge & Co.'s premises at 62, Pitfield Street—on their declining to allow us to search, we obtained a search warrant from the Magistrate at Worship Street Police Court, and on returning I found 256 bundles, which I identified in a similar manner—from there I went to Pillivant's premises, where I identified 491 bundles—on September 29th, a messenger came from them bringing a sample strawboard, twenty-five inched by Forty inches, in con
<lb/>sequence of which I had an interview with Pillivant—in the result I bought from him ten and a half tons, twenty-five inches by forty inches, fourteen ounces, at the rate of £3 17s. 6d. a ton, which were delivered on my premises on December 29th or 30th—I was not present when they arrived—after Laing came on October 3rd, I examined these 420 bundles and found they were my own property, the outside strawboard of each bundle bearing my shipping mark, without which I should not been have able to identify them—no bundle of strawboards is ever sold in the trade without the shipping mark, the size and the weight marked upon it, for without such distinguishing mark it would be impossible to sort them at the wharf; several different consignments to different people coming in the same ship—if a man offered me an unmarked bundle, it would arouse my suspicions; and I never buy broken bundles—they are not even sold in auctions rooms unmarked.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">JURY</hi>. As Briggs saw the stock diminishing from the lining de
<lb/>partment he would send in a voucher to the counting house—the clerk would not know if the stock ordered had not been sent to the lining de
<lb/>partment, as they might use perhaps, four or five tons one day of one size and only one ton the next day—99 per cent of the strawboards are passed through machines and lose their identity—it is Briggs' duty to see that the amount of strawboards does not get below 120 to 180 tons.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDE</hi>. I simply told Schultz that a gentle
<lb/>man wanted to speak to him, and I then left him with Sergeant Laing—it is very likely that I said to him, "I have always looked upon you as a respectable man"—I had always regarded him as such—I did not know at the time that he was in a small way of business for himself—we sell very few straw boards, and when we do so they are despatched straight from the wharf to the customer; they do not reach my premises at all—when Schultz delivered strawboards they would be sent down a shute to Briggs—I per cent, of them would be made into boxes as they were, without any manipulation—Schultz said something to the effect that the delivery books would show what goods had been delivered, but that was in answer to a question put to him by Laing—very likely he said that the books at the Gun & Shot Wharf would show what goods had been ordered from there.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LORT-WILLIAMS</hi>. I employ over 100 people at my factory, of which seven are in the basement besides Briggs—it is the duty</p>
<xptr type="pageFacsimile" doc="190501090027"/>
<p>of my manager to shut up the factory at night—Briggs does not give the shipping marks when sending in a requisition, as he would not know them—I believe there are three other carmen besides Schultz who deliver goods from the wharf.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. FORDHAM</hi>. Nobody not connected with the trade would know what were the common sizes of the trade, and what were the sizes peculiar to myself—the waste cuttings are very largely dealt in—they pass through the hands of dealers before being repulped—I inspect everything that comes into the factory, so I should have eventu
<lb/>ally discovered that I had purchased my own property from Pillivant—in all the bundles that I identified as my own, in the possession of whomever it was, none of the marks had been tampered with.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. The last time I took stock was in December, 1904, but the figures will not actually come out till February of this year—in a bundle of twelve-ounce strawboards, which is the general weight, twenty-two inches by thirty-two inches, there would be seventy-five boards, and in a sixteen-ounce bundle there would be fifty-six boards—if the outside board bearing the shipping mark had been removed, or the mark had been tampered with, I could not have sworn that the inner boards were mine—I was present at Bracht and Fried-bender's when Hyman was arrested—he mentioned, amongst other per
<lb/>sons to whom he had sold strawboards, the name of Schmaltz, but I do not think he gave Schmaltz's address; he may have given it to the sergeant—I said to him, "You are the gentleman I have been looking for for some time"—he gave Pillivant's name, but not his address—I have nothing to say against the respectability of Schmaltz—the only purchase of strawboards I made last year under standard price, besides that from Pillivant, was a purchase I made in February from Schroeder's, which I sold to Darwin, as they were odd sites, of which I could make no use—I can furnish you with a list of the deliveries, and the price which I bought and sold them at; there was only one transaction—I sold them under standard price—the first I heard of the Schmaltz transaction was from Hyman—he also gave the names of Munt, and a firm of bookbinders in Clerkenwell of the name of Wright.</p>
<hi rend="italic">Re-examined.</hi> I am acquainted with every firm dealing in strawboards of any note in London, of whom there are perhaps twenty—I went to a large number of places with the police that Hyman had not mentioned—with a police authority it would not be a difficult thing for me to search through the trade to discover who had my strawboards—Schroeder, whom I have known for a very long time, offered me the strawboards cheaply because they had been made of American site for the American market, but owing to a prohibitory tariff being put on them as the result of a com
<lb/>bine, they were dumped in England from Holland, where they were made,—Pillivant in offering the strawboards to me, said they were of a site not suitable for him—I have known him for several years as a respectable man the New Factory has never been broken into, and it would not be possible to remove van loads of strawboards in the night without leaving some trace.</p>
<xptr type="pageFacsimile" doc="190501090028"/>
<hi rend="smallCaps">
<persName id="t19050109-name-100" type="witnessName">
<interp inst="t19050109-name-100" type="gender" value="male"/>
<interp inst="t19050109-name-100" type="surname" value="KNIGHT"/>
<interp inst="t19050109-name-100" type="given" value="ROBERT"/>ROBERT KNIGHT</persName> </hi>. I am a foreman at the Gun & Shot & Griffin Wharf, Tooley Street, and it is part of my duty to superintend the un
<lb/>loading of ships—I was present at the unloading of the steamship
<hi rend="italic">Teal</hi> on August 10th, from which were landed 685 bundles of straw boards—they were marked seventy-six in a diamond, and of them 200 were thirty inches by forty inches, fourteen ounces—on September 29th I received this order (
<hi rend="italic">Ex. N</hi>) from Coutts & Company for 160 bundles of thirty inches by forty inches, fourteen ounces, seventy-six in a diamond, and I de
<lb/>spatched the 160 bundles from the 200 unloaded—I was present when they were loaded on to Schultz's van—I gave him this delivery note (
<hi rend="italic">Ex. 0.</hi>) which is in my own writing, and this carman's delivery receipt book, in which I entered the 160 bundles, which afterwards came back signed "J. Briggs"—I think it was between 3 p.m. and 4 p.m. that I dispatched Schultz with the goods—on September 2nd I loaded up Schultz's van with 120 bundles marked eighteen in a diamond, together with some other goods to be delivered to Coutts—on September 5th I loaded on his van forty more bundles with the same shipping mark, and on September 7th twenty more, and twenty more on the same date.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-101" type="witnessName">
<interp inst="t19050109-name-101" type="gender" value="male"/>
<interp inst="t19050109-name-101" type="surname" value="OATES"/>
<interp inst="t19050109-name-101" type="given" value="ALBERT STEPHEN"/>ALBERT STEPHEN OATES</persName> </hi>. I am a foreman at the Gun & Shot & Griffin Wharf, and I was present at the unloading of the steamship
<hi rend="italic">Falcon</hi> on June 15th, 1904—twelve tons of strawboards, marked eighteen in a diamond, thirty inches by forty inches, fourteen ounces, were unloaded from her, which were stored to the order of Coutts & Company—I was also present at the unloading of the steamship
<hi rend="italic">Groningen</hi> on September 5th, from which were unloaded ten tons of strawboards marked ninety-four in a diamond, twenty-five inches by thirty-four inches, twelve-ounce.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-102" type="witnessName">
<interp inst="t19050109-name-102" type="gender" value="male"/>
<interp inst="t19050109-name-102" type="surname" value="MABS"/>
<interp inst="t19050109-name-102" type="given" value="WILLIAM"/>WILLIAM MABS</persName> </hi>. I am a carman in the service of Mr. Travers—on Sep
<lb/>tember 3rd I took up a load of eighty bundles of strawboards, marked eighteen in a diamond, thirty inches by forty inches, fourteen ounces, at the Gun & Shot k Griffin Wharf, and this is the
<hi rend="italic">delivery</hi> note I had with them (
<hi rend="italic">Produced</hi>)—I took them to Coutts & Company, and obtained the receipt of the foreman, signed "J. Briggs."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDE</hi>. I let them down the shute—I saw Briggs, who took them—I have taken goods there on eight or nine other occasions.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-103" type="witnessName">
<interp inst="t19050109-name-103" type="gender" value="male"/>
<interp inst="t19050109-name-103" type="surname" value="DANIELS"/>
<interp inst="t19050109-name-103" type="given" value="THOMAS"/>THOMAS DANIELS</persName> </hi>. I am a carman, employed by the Gun & Shot & Griffin Wharves Company, and I also work for myself—on September 15th. 1904, I took sixty bundles of strawboards, marked eighteen in a diamond, thirty inches by forty inches, fourteen ounces, from the wharf, to the Old Factory of Coutts & Co., at Golden Lane—I handed them to Woodhouse—on September 22nd I took another load there of twenty., bundles, marked eighty in a diamond, thirty inches by forty inches, twelve ounces, and they were again signed for by Woodhouse—on September 23rd I took twenty-four bundles, marked eighty in a diamond, thirty inches by forty inches, twelve ounces, to the New Factory, where they were received by Briggs and this is his signature for them (
<hi rend="italic">Produced</hi>)—on September 12th I took twenty bundles, marked ninety-seven in a dia
<lb/>mond, twenty-five inches by thirty-four inches, twelve ounces, with some</p>
<xptr type="pageFacsimile" doc="190501090029"/>
<p>other goods, which I delivered to the Old Factory and Woodhouse signed for them—on September 13th I delivered sixty bundles, marked ninety-four in a diamond, twenty-five inches by thirty-four inches, twelve ounces, and they were signed for by Briggs.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDS</hi>. The goods go down a shute at both factories.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-104" type="witnessName">
<interp inst="t19050109-name-104" type="gender" value="male"/>
<interp inst="t19050109-name-104" type="surname" value="ELLAM"/>
<interp inst="t19050109-name-104" type="given" value="HENRY ERNEST"/>HENRY ERNEST ELLAM</persName> </hi>. I am a carman in the employ of the Gun & Shot & Griffin Wharf—on September 7th I took sixty bundles of straw
<lb/>boards, marked eighty in a diamond, thirty inches by forty inches, fourteen ounces, to the New Factory; on September 10th, twenty bundles marked in the same way; on September 24th sixty bundles, marked eighty in a diamond, thirty inches by forty inches, twelve ounces; on September 26th, sixty bundles with the same mark; and on September 13th, twenty bundles, marked ninety-four in a diamond, twenty-five by thirty-four inches, twelve ounces, and they were signed for by Briggs on each occa
<lb/>sion—on September 19th I took twenty bundles, marked ninety-four in a diamond, twenty-five inches by thirty-four inches, twelve ounces, and on the same day another lot of sixty bundles with the same mark, and on September 22nd a further lot of sixty bundles, marked in the same way, to the Old Factory, where each lot was signed for by Woodhouse.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDE</hi>. In delivering at the New Factory I sent the goods sometimes down the shute in the front and sometimes through the skylight—I generally pulled up into a blind court—the skylight was only used for the time being.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. There used to be a great number of carts there when I delivered—I have been delivering there sometimes twice a week, on and off, for three years—to the best of my knowledge, Briggs was always there when I delivered—I could see him at the bottom of the shute, and I can see everything that goes on there.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-105" type="witnessName">
<interp inst="t19050109-name-105" type="gender" value="male"/>
<interp inst="t19050109-name-105" type="surname" value="MURPHY"/>
<interp inst="t19050109-name-105" type="given" value="GEORGE"/>GEORGE MURPHY</persName> </hi>. I am a carman in the employ of the Gun & Shot & Griffin Wharf—on September 9th I took a load of sixty bundles of straw
<lb/>boards, marked eighteen in a diamond, thirty inches by forty inches, four
<lb/>teen ounces, to the New Factory of Coutts & Co., and they were signed for by Briggs—on September 12th I took eighty bundles, marked ninety-four in a diamond, twenty-five inches by thirty-four inches, twelve ounces, to the Old Factory, where they were signed for by Woodhouse.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-106" type="witnessName">
<interp inst="t19050109-name-106" type="gender" value="male"/>
<interp inst="t19050109-name-106" type="surname" value="POLLARD"/>
<interp inst="t19050109-name-106" type="given" value="CHARLES"/>CHARLES POLLARD</persName> </hi>. I am foreman in the employ of the Netherland, Steamboat Co.—I was present at the unloading of the
<hi rend="italic">Batavier</hi> on August 30th, when there were landed from her 200 bundles of strawboards, marked eighty in a diamond, thirty inches by forty inches, twelve ounces—I ware-house them to the order of Coutts & Co.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-107" type="witnessName">
<interp inst="t19050109-name-107" type="gender" value="male"/>
<interp inst="t19050109-name-107" type="surname" value="REECE"/>
<interp inst="t19050109-name-107" type="given" value="HENRY EDWIN"/>HENRY EDWIN REECE</persName> </hi>. I am a carman in the employ of Henry Evans & Sons—on September 9th I took fifty-four bundles of strawboards from the Netherland Steamboat Co.'s warehouse, marked eighty in a diamond, thirty-inches by forty inches, twelve ounces, to Coutts & Co.'s warehouses, half to the Old Factory, and half to the New Factory—they were, signed for by A. Gould.</p>
<xptr type="pageFacsimile" doc="190501090030"/>
<hi rend="smallCaps">
<persName id="t19050109-name-108" type="witnessName">
<interp inst="t19050109-name-108" type="gender" value="male"/>
<interp inst="t19050109-name-108" type="surname" value="DREW"/>
<interp inst="t19050109-name-108" type="given" value="GEORGE"/>GEORGE DREW</persName> </hi>. I am a carman in the employ of Henry Evans & Sons—on October 5th I and a fellow carman named Harris took a load of strawboards from the Netherland Steamboat Co.'s warehouse to Coutts & Co.'s warehouse at Great Arthur Street, and they were signed for by a clerk of their's named Dilk—among them were sixty-eight bundles, marked eighty in a diamond, thirty inches by forty inches, twelve ounces.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-109" type="witnessName">
<interp inst="t19050109-name-109" type="gender" value="male"/>
<interp inst="t19050109-name-109" type="surname" value="GOOD"/>
<interp inst="t19050109-name-109" type="given" value="JOSEPH"/>JOSEPH GOOD</persName> </hi>. I am a carman in the employ of Henry Evans & Sons—on September 13th I took a load of seventy-eight bundles of strawboards, marked eighty in a diamond, thirty inches by forty inches, twelve ounces, from the Netherland Steamboat Co.'s warehouse to Coutts & Co.'s New Factory at Golden Lane, where they were signed for by Briggs.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-110" type="witnessName">
<interp inst="t19050109-name-110" type="gender" value="male"/>
<interp inst="t19050109-name-110" type="surname" value="OLIVER"/>
<interp inst="t19050109-name-110" type="given" value="WALTER"/>WALTER OLIVER</persName> </hi>. I am a foreman at the Gun & Shot & Griffin Wharf—on September 16th, 1904, I was present at the unloading of the steam
<hi rend="italic">Leuwarden</hi>, when there were landed from her 280 bundles of straw
<lb/>boards, marked eighty in a diamond, thirty inches by forty inches, twelve ounces—on September 21st I loaded twelve bundles of that lot on to Schultz's van, and on September 22nd I loaded eighty more on to his van—on September 19th I loaded on to his van eighty bundles, marked ninety-four in a diamond, twenty-five inches by thirty-four inches, twelve ounces, which by this book (
<hi rend="italic">carman's receipt book produced</hi>) purport to have been received by Briggs—Woodhouse signed for the twelve bundles on Septem
<lb/>ber 21st.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-111" type="witnessName">
<interp inst="t19050109-name-111" type="gender" value="male"/>
<interp inst="t19050109-name-111" type="surname" value="CAMBRIDGE"/>
<interp inst="t19050109-name-111" type="given" value="SAMUEL"/>SAMUEL CAMBRIDGE</persName> </hi>. I am a foreman at the Gun & Shot & Griffin Wharf—on September 26th I loaded sixteen bundles of strawboards on to Schultz's van, marked eighty in a diamond, thirty inches by forty inches, twelve ounces—this is Briggs' signature for them in the carman's receipt-book.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-112" type="witnessName">
<interp inst="t19050109-name-112" type="gender" value="male"/>
<interp inst="t19050109-name-112" type="surname" value="MANSELL"/>
<interp inst="t19050109-name-112" type="given" value="HENRY JOHN"/>HENRY JOHN MANSELL</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I have looked at the signature "J. Briggs "in Schultz's delivery books as a receipt for the goods en
<lb/>trusted to Schultz, and they are in the handwriting of Briggs.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-113" type="witnessName">
<interp inst="t19050109-name-113" type="gender" value="male"/>
<interp inst="t19050109-name-113" type="surname" value="BRACHT"/>
<interp inst="t19050109-name-113" type="given" value="CHARLES"/>CHARLES BRACHT</persName> </hi>. am a member of the firm of Bracht & Friedlaen
<lb/>der, dealers in strawboards, of 47, Old Street, St. Luke's—on September 26th my clerk handed me this card (
<hi rend="italic">Ex. B.</hi>), on which there is "Richard Hyman, 34, High Street, Islington, Paper, Metal, and General Merchant"—in consequence of what my clerk told me I made some enquiries—about noon of the same day Hyman called and saw me—he said that he had some strawboards, which he had got in exchange for waste paper, to sell—I asked him about the price, and he said £3 15s. per ton free delivery—then I asked him about the sizes, and if he could supply them from the wharf to save cartage, and he said he could only supply twenty-five inches by thirty-four inches, thirty inches by forty inches, and twenty-five inches by forty inches, which sizes I put down at the time on this piece of paper; (
<hi rend="italic">Ex. C.</hi>) in his presence—he also said that he could only supply unlined boards, and could not sell them at the wharf as the wharf people could not sort the goods pro
<lb/>perly he would have to supervise the sorting himself—it is the custom in the trade when buying from dealers to buy them at the wharf and instruct the wharf people to forward them on to the customer, thus saving cartage—I asked him to let me have a sample board, and he said the next time his</p>
<xptr type="pageFacsimile" doc="190501090031"/>
<p>v n was coming round my way he would bring a bundle for my inspection—after his departure I communicated with Scotland Yard—the next day I wrote him a letter (
<hi rend="italic">Ex. D.</hi>) saying that we could do with three tons of wenty-five inches by thirty-four inches, ten ounces, unlined, at £3 15s. per ton, less five per cent, for cash on delivery, and would he deliver them on the morrow—on the next day, the 28th, we received the following letter (
<hi rend="italic">Ex. E.</hi>), "Dear Sirs,—Replying to your favour of yesterday's date, I have a quantity of the goods for which you are enquiring lying on wharf, but I am unable to obtain delivery just at present; if, however, you would let the order remain open for a short period, I would promise you delivery in a few days. I must at the same time point out to you that the price quoted to you will not allow of a discount of more than two and a half per cent. Yours truly, R. Hyman"—the same day I wrote (
<hi rend="italic">Ex. F.</hi>) to him saying. "Dear Sir,—In reply to your memo, we cannot understand why you should ask us £3 15s. less two and a half per cent, for the same strawboard that you were selling to boxmakers at £3 5s. per ton net. If the board suits us and your deliveries are satisfactory, we might take the whole quantity you have to sell, if we can come to terms regarding prices"—we knew from a traveller of ours that he had been selling to boxmakers at £3 5s. per ton—"he called the next day, the 29th, "with a reply to the letter—It must have been in the morning, as I saw the detective afterwards—he repeated what he had said, and offered me at the same time thirty inches by forty inches, fourteen ounces, of which he said he had four tons, and he said that if I could make that size do, he would let me have them at £3 12a. 6d. a ton in
<lb/>stead of £3 15s.—he said that he had never sold at £3 Ps. to any boxmaker, but had supplied on a dealer at £3 10s.—I said he could send in the four tons, and he promised to do so the next day—shortly after he had left I saw Detective-Sergeant Laing—the next day, the 30th, the four tons were de
<lb/>livered on a van, on which Was the name of Stephens, with a delivery note (
<hi rend="italic">Ex. G.</hi>), "Please receive from Richard Hyman, 34, High Street, Islington, 160 bundles unlined strawboards, thirty inches by forty inches, fourteen ounces, to Bracht & Friedlaender, Old Street," and at the same time an invoice (
<hi rend="italic">Ex. H.</hi>) for four tons strawboards thirty inches by forty inches, fourteen ounces, at £3 12s. 6d., £14 10s.; less two-and-a-half per cent. 7s. 3d. £14 2s. 9d.—three or four hours after the delivery of the goods, whilst going home, Hyman stopped me and asked me for a cheque—I said I had not bought them for cash on delivery—he there upon showed me my memo, of September 27th, in which I had said five per cent cash for delivery, but. I told him that that memo, did not refer to the parcel he had delivered—I did not give him a cheque, and said he could have the four tons back if he could not trust us for a month, which is the usual term—he said he would fetch them on the morrow morning, but as that was on a Saturday 1 said he must do so the next week, and so we parted—before I left the office I took three of the top boards of the bundles off so that they might be given to Laing—this board, marked seventy-six in a diamond, thirty inches by forty inches, fourteen ounces (
<hi rend="italic">Produced</hi>), is one of them, and all the 160 bundles were marked in the same way—as a matter of business I was in the wrong, but I kept it up—in consequence of a letter I wrote to him</p>
<xptr type="pageFacsimile" doc="190501090032"/>
<p>on October 3rd, he came to our office on the 4th and offered to accept my terms in that letter—I had been acting throughout this matter more or less with the police—the 160 bundles were identified by Mr. Mansell as his own—the market price of strawboards at that time was £4 15s. free domicile, less two and a half per cent, for one month—being delivered as they were at my warehouse, it would have cost me 2s. 6d. a ton to cart them to my customer—the thirty-inch by forty-inch and twenty five by forty-inch sizes are fairly common sizes in the trade, but not twenty-five inches by thirty-four inches—Hyman at one interview said he could supply from five to six tons a week.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDE</hi>. The strawboards came in two vans—I do not know Schultz by sight—I would not necessarily see him if he de
<lb/>livered stuff at my place.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUTTON</hi>. I have never seen Ince in my life.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. I should think that Hyman was with me about ten minutes on September 29th—I passed the yard and saw the vans there when I came from lunch; they were open vans—he specially mentioned that he had not sold strawboards for less than £3 10s. to dealers; it would mean more to boxmakers; I remember that as well as I remember anything—I do not remember saying at the Police Court that he said box-makers; my statement was not read over to me at all—the market price last year varied from about 5s. to 7s. 6d. per ton—I do not think we sold a single ton at £4 7s. 6d.—I only know Schmaltz by name as being in he same line as myself.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-114" type="witnessName">
<interp inst="t19050109-name-114" type="gender" value="male"/>
<interp inst="t19050109-name-114" type="surname" value="SCHMALTZ"/>
<interp inst="t19050109-name-114" type="given" value="WILLIAM JULIUS"/>WILLIAM JULIUS SCHMALTZ</persName> </hi>. I am a wholesale stationer, of 213, Feather-stone Street, City Road, and I deal in strawboards—in June, 1903, Hyman, whom I had not seen before, called upon me, and described himself as a general dealer—he offered me some strawboards, which he said were landed at some quay—he said they had been meant for the American market, but had been thrown on the maker's hands owing to a prohibitive tariff put upon them—he also told me that he was in the habit of shipping waste cuttings to the Dutch mills, and that he got strawboards in exchange, which enabled him to sell them a little cheaper—I forget the sizes he said he had got, but I know all I bought of him were thirty inches by forty inches, twenty-five inches by forty inches, and twenty-five inches by thirty-four inches, and all unlined—thirty inches by forty inches, and twenty-five inches by forty inches are very common sizes, but twenty-five inches by thirty-four inches is not very common—I bought altogether about 245 tons, some at £3 12s. 61., some at £3 10s., and some at £3 7s. 6d., and I think about five or six tons at £3, which I think were damaged—he had to deliver them to my place at that price—the market price at that time was about £4—I paid him altogether about £845—I continued dealing with him up to the time of his arrest—on October 5th Mr. Mansell came to my premises with the police, and I showed him ninety-four bundles which were remaining—they had all kinds of shipping marks on them, and I cannot say whether they were all the same; the only thing I looked at was the size and weight—I partly</p>
<xptr type="pageFacsimile" doc="190501090033"/>
<p>line the strawboards over with paper and then sell them—I am not a box maker—I produce eight invoices from Hyman from September 1st to September 30th.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDE</hi>. There are a good many deliveries in my yard—I can see the carman—I have never noticed Schultz in my yard.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUTTON</hi>. I do not cut the strawboards my-self; the box makers do that.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. I have had twenty-two years ex
<lb/>perience as a stationer—twenty-two inches by thirty-two inches, twenty-two inches by thirty inches and twenty-five inches by thirty inches are all standard sizes—the market price of £4 in June, 1903, has dropped since—there was not much of a drop in 1904—the lowest price I have bought from a mill is at £3 17s. per ton—at the time when the straw
<lb/>boards were shipped over here in consequence of their not being sent to America the price dropped owing to the overstocking of the market—there are always bargains going—I considered I was paying a fair and reasonable price—upon every occasion Hyman came frankly and openly—the market stiffened about the time of his last consignment to me at the end of September, and he therefore asked me an extra 2s. 6d. a ton, which I gave him—£3 103. was the price I offered him in the first instance—in nearly every case I paid him by cheque payable to himself.</p>
<hi rend="italic">Re-examined.</hi> I never went to his address—it did not dawn on me that there was anything wrong—I would not ask him such a question as to what mills he was getting them from—the £3 17s., the price I paid to the mill, would be added to by 2s. a ton cartage from the wharf to my premises—the market price is about £4 4s., less 2 1/2 per cent, for a month—I got 2 1/2 per cent, reduction from Hyman for cash.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-115" type="witnessName">
<interp inst="t19050109-name-115" type="gender" value="male"/>
<interp inst="t19050109-name-115" type="surname" value="MUNT"/>
<interp inst="t19050109-name-115" type="given" value="HARRY GEORGE"/>HARRY GEORGE MUNT</persName> </hi>. I am a partner in the firm of Munt & Son, wholesale stationers and box makers, of Cross Street, Hatton Garden, in which business we purchase strawboards—on May 29th, 1904, Hyman called and said that he had a consignment of strawboards which had been rejected owing to a late delivery and had come into his hands for sale cheap—I understood they were his—he wanted £3 15s. a ton free domicile for them—on looking at the invoices we had from him (
<hi rend="italic">Produced</hi>) I see the sizes that we bought were twenty-five inches by forty inches, thirty inches by forty inches, and twenty-five inches by thirty-four inches, most of them being fourteen ounces, some being ten ounces and twelve ounces—they were not the sizes we stocked, but as the price was lower than the ordinary market value, which was from £4 5s. to £4 10s. per ton, we said we would try a few and see how we got on with them—the first purchase was 135 bundles at £3 15s., the next being two tons fourteen cwt. on June 20th, at the same price, and the next being two tons on June 26th, at the same price—I produce the delivery notes—he then called on us and said that as the County Council had ordered that the place where he kept his straw
<lb/>boards should be whitewashed he would let us have some at £3 12s. 6d., to get rid of them, and we ordered three and a half tons at that price, which were delivered the same day—he was constantly calling on us—on</p>
<xptr type="pageFacsimile" doc="190501090034"/>
<p>July 8th we ordered another two tons, and on August 7th one and a half tons, at the same price, which constituted the lot—we paid in each case by cheque, the highest price being £3 15s., the lowest £3 12s. 6d., subject to a discount of 2 1/2 per cent., which was increased to 5 percent.—on October 5th, Mr. Mansell came to our premises with the police, and we produced 121 bundles, the quantity we had left—so far as I know, all the bundles in each consignment were marked with a number in a diamond or a brick, but the size and weight is what we took the most interest in.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. I have been twenty-eight years in the business—it may have been that he asked £4 a ton in the first instance, and that we said they were worth only £3 15s. a ton to us—every rule of business was preserved in the transactions, and I considered them all straightforward.</p>
<hi rend="italic">Re-examined.</hi> I have not come across the sizes before.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. We found that they worked all right.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDS</hi>. I have never seen Schultz, and to my I knowledge he has never been in my yard.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-116" type="witnessName">
<interp inst="t19050109-name-116" type="gender" value="male"/>
<interp inst="t19050109-name-116" type="surname" value="PILLIVANT"/>
<interp inst="t19050109-name-116" type="given" value="FREDERICK THOMAS"/>FREDERICK THOMAS PILLIVANT</persName> </hi>. I am a maker of fancy boxes, of 31a, Old Street, E.C.—in my business I use quantities of strawboards—early in 1204 Hyman came to me and wanted to buy my waste, but as I was under contract I could not sell any to him—he said that at various times he had strawboards to sell, and asked if he could offer some to me when he next had some, and I said he could—I think this was about April—the price agreed at was £3 10s. a ton—between April 11th and September 7th I bought about forty-seven tons from him, paying in all £166—I have produced he invoices—strawboards becoming so cheap on the market I said that as I did not particularly want them I could only offer £3 7s. 6d., which sum he accepted—they were mostly thirty inches by forty inches and twenty-five inches by forty inches, with a ton or two, perhaps, of twenty-five inches by thirty-four inches—thirty inches by forty inches is my usual size, but twenty-five inches by forty inches is not, although I believe it is a size on the market—at the end of September I had got about ten and a half tons of twenty-five inches by forty inches on my hands, and I went to Mr. Mansell, offering them to him at £4 or £4 5s.—he offered me £3 17s. 6d, which I accepted—I delivered them to him on September 30th and October 1st—they were all I had left of what I had bought of Hyman—I understood from him that the strawboards with which he supplied me were obtained by him in exchange for waste.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDE</hi>. I did not know Schultz before these proceedings, and he has never been in my yard.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. I have been in the business for thirty-two years—he may have asked me £3 15s. or £4 a ton at first; the £3 10s. would probably have been fixed by me—I looked upon them as cheap, but I considered it a fair price owing to the state of the market and that he did not want them—I paid either by cheque or a bill for three months—the market price certainly did not stiffen at the end of September; my recollection is that there was a fall—I was buying boards at £4 7s. 6d. by contract, 2£ per cent, discount for a month's credit; I</p>
<xptr type="pageFacsimile" doc="190501090035"/>
<p>could order any size or quantity I liked from the mill in Holland—Mr. Mansell, in the first instance, offered me £3 15s.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-117" type="witnessName">
<interp inst="t19050109-name-117" type="gender" value="female"/>
<interp inst="t19050109-name-117" type="surname" value="ARNOLD"/>
<interp inst="t19050109-name-117" type="given" value="ELIZABETH"/>ELIZABETH ARNOLD</persName> </hi>. I am married, and carry on business as a straw
<lb/>board liner, at Dufferin Avenue, St. Luke's, and sometimes for Dredge & Co.—On October 5th or 6th Mr. Mansell and the police came to my premises, and Mr. Mansell identified ninety-five bundles of strawboards which Dredge & Co. had sent me to be lined.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-118" type="witnessName">
<interp inst="t19050109-name-118" type="gender" value="male"/>
<interp inst="t19050109-name-118" type="surname" value="GIBBS"/>
<interp inst="t19050109-name-118" type="given" value="GEORGE"/>GEORGE GIBBS</persName> </hi>. I am a foreman buyer to Dredge & Co., box manu
<lb/>facturers, of 62, Pitfield Street—I have purchased strawboards from a representative of Ince—I have seen Ince himself—I made one payment and Mr. Dredge another—as near as I can remember, the only sizes that we purchased were twenty inches by forty inches, twenty-five inches by forty inches, and twenty-five inches by thirty-four inches—these are the invoices of the different lots we purchased—I bought altogether between August 10th and September 22nd 14 tons, 15 cwt., the total price, at £3 10s. a ton, with no discount, being £51, terms cash in a month—Ince told me, as did his traveller, that he had got the strawboards in lieu of waste cut
<lb/>tings he had sent across to Holland—some of these strawboards were sent on to Mrs. Arnold to be lined—after the arrest of the prisoners Mr. Mansell came round with the police to our premises and wanted to search but we would not let him do so—he then went away, and returned with a search warrant on which we allowed him and the police to see the bundles—I do not think Mr. Dredge was there at the time.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUTTON</hi>. The first time I saw Ince's traveler was early in August, or late in September, 1904—he told me that he came from Ince, and gave us Ince's card, on which he called himself a straw
<lb/>board dealer—the invoices and the cheques were made out to Ince—everything that took place was perfectly open in every way.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-119" type="witnessName">
<interp inst="t19050109-name-119" type="gender" value="male"/>
<interp inst="t19050109-name-119" type="surname" value="DREDGE"/>
<interp inst="t19050109-name-119" type="given" value="FREDERICK"/>FREDERICK DREDGE</persName> </hi>. I am the general manager of Dredge & Co., 62, Pitfield Street—the purchases were negotiated by Gibbs, and one payment was made by me to Ince—on October 8th I saw Mr. Mansell and the police on my premises—on their asking me to let them search, I refused to allow them to do so—on their obtaining a search warrant, I produced 256 bundles, the quantity left of those purchased from Ince—I have never looked at the shipping mark on them—Mr. Mansell identified them.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUTTON</hi>. These goods were delivered in the day time, and everything was perfectly open.</p>
<hi rend="italic">Re-examined.</hi> Of course we should not take delivery of goods in the middle of the night.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-120" type="witnessName">
<interp inst="t19050109-name-120" type="gender" value="male"/>
<interp inst="t19050109-name-120" type="surname" value="WRIGHT"/>
<interp inst="t19050109-name-120" type="given" value="ALFRED LEFRED GEORGE"/>ALFRED LEFRED GEORGE WRIGHT</persName> </hi>. I am a member, with my brother, of the firm of Wright Bros., box manufacturers, of 64, Pollards Road, Bethnal Green—in February, 1904, he said he had a job line of strawboards to offer—I asked him the price, and I think he said about £3 15s. a ton—I cannot remember what sizes he mentioned, but I know they were sizes we did not often use—I said they were not any good to us at that price—ultimately we bought 2 tons 19 cwt., at £2 17s. 6d. a ton—I asked him why he was able to sell them so cheaply, and he said he supplied the</p>
<xptr type="pageFacsimile" doc="190501090036"/>
<p>mills with raw material waste for making boards from, and that he took in exchange strawboards, whatever size they might send—he said he made no profit as far as I was concerned, but that he wanted ready money—he also mentioned some of the names of the witnesses who have been called to-day as having supplied strawboards to them—there was to be no discount—my first invoice from him (
<hi rend="italic">Produced</hi>) is "2 tons, 9 cwts. unlined strawboards, at £2 17s. 6d. per ton, £8 9s., then there is a dis
<lb/>count of 2s. 6d.—there seems to be a few shillings knocked off in a few cases—I believe we were buying from the mill direct at that time at £4 5s., less 2 1/2 per cent., free delivery—he called many times—I said, "I will come round and see your place first," and I went round to his place at Hackney Road—I saw there a pretty lofty warehouse, with some stables at the side—over the door he had "F. Ince, Strawboard and Leather Dealer"—the place was quite full of strawboards, and I should reckon there were about 200 tons there—I cannot remember whether the first time I went there was before the second transaction, but I went there four or five times—during May and July I continued buying a few tons at a time, at £2 17s. 6d.—on July 22nd the price went down to £2 15s. a ton, as we said we did not want any more, whereupon he reduced the price, saying that he wanted the money—I said to him on one occasion," I think it is very funny; are you quite sure everything is perfectly straight?"—he repeated his explana
<lb/>tion, saving that he had a lot of money owing to him—it did not seem possible to me at the time that a man could steal 200 or 300 tons—he said I was the only one he was selling the stuff to at less than market value—I had altogether from him 86 tons, 7 1/2 cwt., for which I paid him in all about £233—on September 23rd I went down to his place, and he offered me some strawboards for which I had no room, so I paid him £25 on account, asking him to keep the stuff at his place till I was ready for them—I produced the receipt for that £25 at the Police Court—five or six years prior to February, 1904, I knew him as a waste dealer, and he used to clear the cuttings from my place—the sizes that we had from him were twenty-five inches by thirty-four inches, twenty-five inches by forty inches, and thirty inches by forty inches—when Mr. Mansell came with the police my brother produced to him 491 bundles, the quantity we Had left, all of which were marked with a number in a diamond.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUTTON</hi>. Ince told me in the first instance that they were odd sizes which he could not dispose of—he was almost offended at my asking him whether he had come by them in a straight-forward way—everything was transacted in a perfectly open way—we have bought odd lines occasionally from city firms—I saw about eight or nine men working at his place, and there was a horse and van there.</p>
<hi rend="italic">Re-examined.</hi> I have never before come across a firm that could supply me with job lines month after month.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-121" type="witnessName">
<interp inst="t19050109-name-121" type="gender" value="male"/>
<interp inst="t19050109-name-121" type="surname" value="MORTON"/>
<interp inst="t19050109-name-121" type="given" value="ROBERT GEORGE"/>ROBERT GEORGE MORTON</persName> </hi>. I am a carman employed by Mr. Stevens—I have from time to time carted goods from Ince's place, which is a small warehouse in Goldsmith's Row—on September 20th I took from there two tons of strawboards to Bracht and Friedlaender's, in Old Street—a mate of mine took two more tons at the same time to the same place—</p>
<xptr type="pageFacsimile" doc="190501090037"/>
<p>on the same day I took two more tons from there to Schmaltz's place—on September 28th I also took two loads of two tons each to Schmaltz's—on August 22nd, I took two tons from Ince's to Pillivant's place—I got a receipt on each occasion, which I took back to Ince's shop at Hackney Road, and handed them to a man behind the counter—I have seen Ince himself several times—I only know Hyman by seeing him at Schmaltz's place when delivering goods there—I gave receipts to Hyman on two occasions.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDS</hi>. I have never seen Schultz at Ince's place.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-122" type="witnessName">
<interp inst="t19050109-name-122" type="gender" value="male"/>
<interp inst="t19050109-name-122" type="surname" value="OSBORN"/>
<interp inst="t19050109-name-122" type="given" value="WILLIAM"/>WILLIAM OSBORN</persName> </hi>. I am a carman in the employ of Mr. Stevens—on September 19th I collected two tons of strawboards at Ince's place, and took them to Schmaltz.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-123" type="witnessName">
<interp inst="t19050109-name-123" type="gender" value="male"/>
<interp inst="t19050109-name-123" type="surname" value="MURRAY"/>
<interp inst="t19050109-name-123" type="given" value="CHARLES"/>CHARLES MURRAY</persName> </hi>. I am a carman in the employ of Mr. Stevens—in May I took two tons of strawboards from Ince's place to Munts', a mate of mine following with another load.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-124" type="witnessName">
<interp inst="t19050109-name-124" type="gender" value="male"/>
<interp inst="t19050109-name-124" type="surname" value="GREEN"/>
<interp inst="t19050109-name-124" type="given" value="JAMES"/>JAMES GREEN</persName> </hi>. I am a carman in the employ of Mr. Stevens—on June 20th I collected two tons, five cwt. of strawboards from Ince's premises in Goldsmith's Row, and took them to Munts', at Cross Street, Hatton Garden.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-125" type="witnessName">
<interp inst="t19050109-name-125" type="gender" value="male"/>
<interp inst="t19050109-name-125" type="surname" value="HIRONS"/>
<interp inst="t19050109-name-125" type="given" value="WILLIAM"/>WILLIAM HIRONS</persName> </hi>. I am a carman in the employ of Mr. Stevens—on June 30th I collected three and a half tons of strawboards from Ince's place, and took them to Munts', of Cross Street, Hatton Garden—Hyman was standing outside when I arrived, and Ince's man gave him the receipt I had obtained for the goods—on July 9th I collected two tons from the same place, which I also delivered to Munts'.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-126" type="witnessName">
<interp inst="t19050109-name-126" type="gender" value="male"/>
<interp inst="t19050109-name-126" type="surname" value="MORGAN"/>
<interp inst="t19050109-name-126" type="given" value="GEORGE"/>GEORGE MORGAN</persName> </hi>. I am a carman in the employ of Mr. Stevens—on August 8th I collected one and a half tons of strawboards from Ince's place, which I delivered at Munts' place, in Cross Street, Hatton Garden.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-127" type="witnessName">
<interp inst="t19050109-name-127" type="gender" value="indeterminate"/>
<interp inst="t19050109-name-127" type="surname" value="WOOD"/>
<interp inst="t19050109-name-127" type="given" value="SALFRED"/>SALFRED WOOD</persName> </hi>. I am a carman in the employ of Mr. Stevens—on June 27th I collected two tons of strawboards from Ince's place, and took them to Munts' premises.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-128" type="witnessName">
<interp inst="t19050109-name-128" type="gender" value="male"/>
<interp inst="t19050109-name-128" type="surname" value="HAYNES"/>
<interp inst="t19050109-name-128" type="given" value="EDWARD"/>EDWARD HAYNES</persName> </hi>. I am a carman in the employ of Mr. Stevens—on August 11th I collected two tons of strawboards at Ince's stables, which I delivered to Pillivant's—on August 16th and 26th I collected two tons and delivered them to Pillivant on each occasion—I handed the receipts to Ince's man.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-129" type="witnessName">
<interp inst="t19050109-name-129" type="gender" value="male"/>
<interp inst="t19050109-name-129" type="surname" value="GOODMAN"/>
<interp inst="t19050109-name-129" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM GOODMAN</persName> </hi>. I am carman in the employ of Mr. Stevens—on August 9th I collected two tons of strawboards at Ince's place, in Goldsmith's Row, and delivered them to Pillivant at Old Street—on several other occasions I have taken strawboards from there to Pillivant—I always got a receipt, which I sometimes gave to Ince, and which on two occasions Hyman, whom I saw at Pillivant's, took from me—I have never seen Hyman anywhere else but there.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STEWART</hi>. The usual load in this class of stuff is two tons.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-130" type="witnessName">
<interp inst="t19050109-name-130" type="gender" value="female"/>
<interp inst="t19050109-name-130" type="surname" value="PEARCE"/>
<interp inst="t19050109-name-130" type="given" value="ANNIE"/>ANNIE PEARCE</persName> </hi>. I live at 1, Oakford Place, Goldsmith's Row—my husband is a boot-laster—Ince's place, which was once a stable, is right opposite my door—I have seen Schultz drive up there with a two horse van once a day and sometimes twice a day—his van used to be loaded up</p>
<xptr type="pageFacsimile" doc="190501090038"/>
<p>with cardboard, like this (
<hi rend="italic">Strawboard produced</hi>) which sometimes was in rolls and sometimes in squares—he used to take it into the stables, and as soon as his van was empty another van would come and take it away as quickly as possible—I noticed it very much, because Schultz had a trouble-some horse, and I would have to fetch in my little boy every time, for fear of him being kicked—I have never seen inside the stables.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The van that used to fetch it away was a one-horse van, which had no name on it—ten families live in my street in ten different houses—they have all got children—most of them are at school and run about like my little boy.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDE</hi>. It was during last summer that I used to see Schultz—I cannot say how many times he came altogether, but he is the only man I saw bring the stuff up—he used to come at twelve a.m. and sometimes at tea time—I know some of Stevens" carmen by sight, but I have never spoken to them—I cannot tell you the colour of Schultz's van, or the colour of the horses—I never noticed any name on the van; it had sides to it, and there was a single seat for the driver up in front—I have seen sometimes a tarpaulin across the straw boards, but I cannot say the colour of it—I do not remember saying at the Police Court that Sergeant Laing came to me before I identified Schultz and told me all about the matter; he only asked me if I knew him—Schultz used to holloa out, "Mother, take your little boy in"—I have lived opposite Ince's place for nine years—I have noticed about two loads of bags of rags delivered there in the last six months, since Ince came there.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUTTON</hi>. There are only about ten houses in Oakford Place; it is a blind alley—I have never seen Schultz before he used to come there—I looked for a tall man with a slight moustache when I identified him—I picked him out of eight or nine men at once—five or six of them had beards—Ince was mostly always there, because he used to help Schultz with the cardboard—I could have walked into the stables if I had liked—Ince seemed to be doing a good business there.</p>
<hi rend="italic">Re-examined.</hi> There is no traffic in Oakford Place, except these vans I never saw anybody but Schultz bring these strawboards.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-131" type="witnessName">
<interp inst="t19050109-name-131" type="gender" value="male"/>
<interp inst="t19050109-name-131" type="surname" value="LAINO"/>
<interp inst="t19050109-name-131" type="given" value="JAMES"/>JAMES LAINO</persName> </hi> (
<hi rend="italic">Detective-Sergeant G.</hi>) On September 29th I received a communication from Bracht—on September 20th I watched outside his premises, when at 4 p.m. a van drove up—one was unloading when I got there, and the second van had just drawn up—they had "H. Stevens, 421, Hackney Road "on them—after the vans were unloaded, Hyman, whom I had seen waiting outside, went into the premises and immediately came out again—he waited about an hour at the entrance to the yard leading to the premises until Bracht came out and spoke to him—after Hyman had departed I spoke to Bracht and went back to his premises, where I obtained samples of the strawboards—I took them to various persons in the trade, and eventually to Coutts & Company, on October 3rd, when Mr. Mansell identified them—at 4 p.m. Inspector Kyd and myself went to Bracht's premises, where we saw Hyman—I told him who we were, and that I had been making enquiries about the four tons of strawboards that he had sold to Bracht, and that I had found they had been stolen on the 29th from Coutts & Company, in Golden Lane—he said, "You are making a</p>
<xptr type="pageFacsimile" doc="190501090039"/>
<p>mistake"—I said, "Where did you get the boards?"—he said, "I refuse to say in the presence of Mr. Bracht from where I got the boards, but I will write down the name of the person from whom I got the boards, and hand it to you at once, because if Mr. Bracht knew from where I got the boards he could go and get them"—he wrote down the name and address on the back of his card (
<hi rend="italic">Ex. A.</hi>) "F. Ince, 406b, Hackney Road"—I asked him for his name and address, and he pointed to the card and said, "That is it"—on his card was "Richard Hyman, Paper Merchant and Metal Dealer, 349, High Street, Islington"—I said, "You do not live there," and he then gave me his address as 17, Park Court, Clapham—then Mr. Mansell came in—I told Hyman that I knew the person whose name he had given on the back of the card, and he said, "I have dealt with Ince for the past eighteen months in strawboards and ochre glazed paper. I have sold the boards to numerous customers, including Schmaltz, 21, Feather-stone Street; Pillivant, 31a, Old Street; H. Cordell, 5, City Garden Row; Messrs. Smith, 219, City Road; Messrs. Wright & Sons, Great Sutton Street; Messrs. Moses & Julius, 32, Heneage Street, E.C.; Mr. Kamlish, 72, Cannon Street, E. The whole of the ochre glazed paper I sold to Mr. E. T. Pillivant. I have also sold strawboards to Mr. Thorburn, St. Bride Street, City, and to Messrs. Berry & Roberts, also of St. Bride Street, City. I have no place of business, and I keep no books"—he offered to give me any in
<lb/>formation I wanted—he was taken to the station—next morning, on being charged, he made no reply—on the same afternoon, about 5 p.m., I went to the New Factory of Coutts & Company, where Schultz was given into my custody by Mr. Mansell—I told him who I was and I said, "The four tons you carted from the wharf on September 29th have been stolen; where did you deliver them to?"—he said, "If I carted them, I deliver them here to Briggs. If I saw the books, I could tell you"—he was taken to the station and the next morning he was shown the carman's receipt book, and he said, "I cannot remember"—when Hyman was searched there were found the letters from Bracht (
<hi rend="italic">Ex. D. and F.</hi>) and three receipts for strawboards delivered to Pillivant's (
<hi rend="italic">Ex</hi>. 55)—I afterwards went round with Mr. Mansell to the different places and saw him identify quantities of strawboards—when taking Schultz to the station, Kyd was walking in front with Briggs in custody and I was about ten yards behind, when Briggs made a desperate attempt to get away—I left my prisoner and caught hold of Briggs by the hand, and we secured him—while struggling he said, "It is you that has got this up for me because you know me."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDS</hi>. Schultz made no attempt to escape when I left him for Briggs.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STEWARD</hi>. I only went to the New Factory—anybody sending stuff down the shute would be able to see anyone at the bottom—I have seen Briggs there—I have never been rough with a prisoner—Kyd was not rough with Briggs on this occasion.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-132" type="witnessName">
<interp inst="t19050109-name-132" type="gender" value="male"/>
<interp inst="t19050109-name-132" type="surname" value="KYD"/>
<interp inst="t19050109-name-132" type="given" value="ANDREW"/>ANDREW KYD</persName> </hi> (
<hi rend="italic">Detective Inspector G.</hi>) On the afternoon of October 4th Briggs was given into my custody at Mr. Mansell's New Factory—I said to him, "I am a police officer, and I am taking you into custody for being concerned with a carman, Schultz, in stealing four tons of straw
<xptr type="pageFacsimile" doc="190501090040"/>
<p>the property of your master, on Thursday last; the part you have taken is to sign Schultz's deliveries, although the goods were not brought in"—he said, "I only sign for things that are brought in; I know nothing about it"—on the way to the station he tried to get away—when charged he said nothing—on the evening of that day I went to Baring Street, Islington, where Ince keeps a shop—I was with another police officer at the time, and I said to him, "We are police officers, and I am going to take you into custody for receiving four tons of strawboards on Thursday last, with a man named Hyman, who says he got them from you"—he said, "I know nothing about it. If he got it from me, what did he pay me?"—there were no strawboards on the premises—he was taken to the station, and when charged he said nothing.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-133" type="witnessName">
<interp inst="t19050109-name-133" type="gender" value="male"/>
<interp inst="t19050109-name-133" type="surname" value="ELLIS"/>
<interp inst="t19050109-name-133" type="given" value="JULIUS SAMUEL"/>JULIUS SAMUEL ELLIS</persName> </hi>. I live at 12, Allington Crescent, Maida Vale—I also have a flat at 17, Park Court, Clapham, and I spend my time be
<lb/>tween the two—Hyman, whom I have known some years, shares my flat with me at Clapham—I have got a tailor's business at 34 and 36, High Street, Islington, and at two other addresses—the premises at High Street, Islington, are large ones, and I have several sub-tenants—Hyman has no office or warehouse there, but letters have been coming there for him for some time—I used to live there with him, and during that time he started in business for himself; I allowed him to use the address for busi
<lb/>ness letters, and he continued to do so when he ceased living there.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. Nobody called there for him—I should not have stopped anyone coming to see him there.</p>
<hi rend="italic">Re-examined.</hi> We have ceased living there for three years.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-134" type="witnessName">
<interp inst="t19050109-name-134" type="gender" value="male"/>
<interp inst="t19050109-name-134" type="surname" value="MANSELL"/>
<interp inst="t19050109-name-134" type="given" value="HENRY JOHN"/>HENRY JOHN MANSELL</persName> </hi> (
<hi rend="italic">Further cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>). I produce an account of the transaction I had with Schroeder—I bought from him, 3,736 bundles of strawboards, of 50 lbs. each, which is the Ameri
<lb/>can custom, for which I paid £236 odd, at £2 17s. 6d. and £3 a ton—there are two invoices, dated March 21st and April 2nd (
<hi rend="italic">Produced</hi>)—when Schroeder offered them to me he said they were rejected by an American firm owing to the tariff question—I have never known a similar case of American boards being offered on the market at such a low rate—they were sold by me at £271 8s. 11d., being at £3 5s. per ton—they were de
<lb/>livered to my customers from the wharf direct.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STEWART</hi>. My waste is removed about the tea half-hour, 5 to 5.30 p.m., every Monday, Wednesday, and Friday—everyone in the factory goes to tea at the same time—there was no neces
<lb/>sity for Briggs to be present at the removal of the waste; he has nothing to do with it—it is placed in a shed in a yard between the Old Factory and the New Factory—the Midland Railway Co., who take it away, weigh it, and give us a docket, by which we charge the waste to the dealer to whom the railway deliver it—my manager has the keys of the New Factory; it is left to his discretion as to whom he shall instruct to lock up at night, which is sometimes 6.30 p.m. in the busy season—no vans come to the premises after 5.30 p.m., except from the Gun & Shot Wharf, which I allow to send till 7.30 p.m.—I do not see why sus
<xptr type="pageFacsimile" doc="190501090041"/>
<p>should be aroused by a van being there after 7.30 p.m.—I should say Briggs got from 20s. to 21s. a week.</p>
<hi rend="italic">Re-examined.</hi> March, 1904, was the climax; the American combine, which was late in 1903, had forced strawboards up £2 or £3 a ton, which allowed Dutch boards to get in under the tariff; the Americans then manipulated the tariff so that they should not get in—I have no know
<lb/>ledge of anything of the kind in June, 1903.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. Strawboards are not made in England at all—the idea of a firm supplying job-lines of this kind, month after month, would be too ridiculous to think of.</p>
<hi rend="italic">Schultz, in his defence on oath, said that he was a carman, and had carted goods for the Gun & Shot & Griffin Wharves for six years; that he had delivered the</hi> 160
<hi rend="italic">bundles of strawboards to the New Factory about</hi> 4 p.m.
<hi rend="italic">on September</hi> 29
<hi rend="italic">th; that Briggs, to whom he had delivered them through a window, had signed for them in his receipt book, and had taken the delivery note; that he had also delivered a letter to the counting-house from the wharf people to Coutts & Co., of which he did not know the contents; and that Mrs. Pierce was mistaken in saying she saw him at Ince's warehouse in Oakford Place, as he had never been there, and had never seen Ince before.</hi> </p>
<hi rend="italic">Evidence in Reply.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-135" type="witnessName">
<interp inst="t19050109-name-135" type="gender" value="male"/>
<interp inst="t19050109-name-135" type="surname" value="STUBBS"/>
<interp inst="t19050109-name-135" type="given" value="WILLIAM"/>WILLIAM STUBBS</persName> </hi>. I am a clerk in the employ of the Gun & Shot & Griffin Wharves Company—I remember giving Schultz a duplicate delivery note to deliver to Coutts & Co. who had asked for it, but I do not remember on what date; it may have been September 29th—it was taken from the end of this book (
<hi rend="italic">Produced</hi>)—we heard nothing more of it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARDE</hi>. I made it out myself and called it "Copy"—the request for it was sent in two or three days previously—I think it would be on September 29th—I asked him to take it up, at he was going to Coutts & Co.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. Schultz asked me what letter it was that he had delivered, and I said, "It is a proof of some boards that we had delivered to Coutts & Co."—he said, "Did they have any reference to any boards that I have been taken up for?" and I said, "No, nothing at all; it had to do with some boards that had been delivered previously."</p>
<hi rend="smallCaps">
<persName id="t19050109-name-136" type="witnessName">
<interp inst="t19050109-name-136" type="gender" value="male"/>
<interp inst="t19050109-name-136" type="surname" value="MANSELL"/>
<interp inst="t19050109-name-136" type="given" value="HENRY JOHN"/>HENRY JOHN MANSELL</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I very seldom got letters from the Gun & Shot & Griffin Wharf—I produce all letters received from them during 1904, one dated January 16th, two June 13th, and one each on December 1st, 16th, 17th, and 29th—my clerks cannot find any letters between June and December.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-137" type="witnessName">
<interp inst="t19050109-name-137" type="gender" value="female"/>
<interp inst="t19050109-name-137" type="surname" value="GOULD"/>
<interp inst="t19050109-name-137" type="given" value="MINNIE"/>MINNIE GOULD</persName> </hi>. I am a clerk to Mr. Mansell, and sit in the order and enquiry office—any letters brought by hand from the Gun & Shot & Griffin Wharf would reach me directly, or after a lapse of time—I have no recollection of receiving a letter from Schultz, whom I know by sight, on September 29th.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-138" type="witnessName">
<interp inst="t19050109-name-138" type="gender" value="male"/>
<interp inst="t19050109-name-138" type="surname" value="WILSON"/>
<interp inst="t19050109-name-138" type="given" value="HENRY"/>HENRY WILSON</persName> </hi>. I am a machine-minder in the employ of Mr. Mansell—I work in the basement—there is a window near my machine, through which occasionally strawboards are delivered—on September 29th four</p>
<xptr type="pageFacsimile" doc="190501090042"/>
<p>tons of strawboards were delivered through that window, two tons of thirty inches by forty inches, twelve ounces, and two tons of thirty inches by forty inches, fourteen ounces, by Schultz from a pair-horse van—I am in a position to say what is delivered through that window—neither on September 29th nor during that week did four tons of straw boards thirty inches by forty inches, twelve ounces, and thirty inches by forty inches, fourteen ounces, come through that window—I cannot say as to the shute.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STEWART</hi>. I am not always by my machine—it is very uncommon that goods should be delivered through that window; I do not suppose it has happened a dozen times altogether—I cannot say what was going on in the yard, as I was at my work—I saw Schultz about twice in September—I went to tea for half an hour at 5 p.m., and left the machine—I cannot say positively that it was September 29th that I saw Schultz delivering; I saw him twice in September.</p>
<hi rend="italic">Re-examined.</hi> It is not usual when four tons are delivered that they should all be of the same size and weight; there are generally 100 bundles of one size, and sixty of another—on this occasion the boards were of the two sizes.</p>
<hi rend="italic">Briggs, in his defence on oath, said that on September</hi> 29
<hi rend="italic">th he had taken in the</hi> 160
<hi rend="italic">bundles of strawboards from Schultz through the window, and piled them in three piles in the basement, after which he knew nothing more of them and had no knowledge of their being stolen; that carts used to come at all times for the waste, which was placed outside this window, and that everyone on the premises would have access to it; that on occasions he did not have time to check the quantity coming in; and that previous to these proceedings he had never seen Ince or Hyman.</hi> </p>
<hi rend="italic">Ince, in his defence on oath, said that he was a general dealer of</hi> 46b,
<hi rend="italic">Hackney Road; that early last year he took some stables in Goldsmith's Row for ware
<lb/>housing and stabling purposes; that subject to a few transactions he first started dealing in strawboards in February</hi>, 1904,
<hi rend="italic">when he started buying from a man named S. Goldburg, of</hi> 8
<hi rend="italic">or</hi> 80,
<hi rend="italic">Devons Road, Bromley, who obtained them from Holland in exchange for waste; that altogether he bought about</hi> 140
<hi rend="italic">tons, paying at the rate of</hi> £2 7s. 6d. to £2 10s.
<hi rend="italic">per ton; that he had no idea that they were stolen property; that he sold them openly to the trade, including Hyman, whom he had known for some years, and to whom he sold about half; that he did not alter the shipping marks at all, which was an easy thing to do; that he never said to Dredge he himself had obtained the goods in exchange for waste, nor had he authorised Hyman to say so, nor that he (Hyman) could supply five or six tons a week; that he had not seen his relative Toms for six years; that he never had a stable in Tyndal Place; that Goldburg sold him four tons of strawboards, thirty inches by forty inches, fourteen ounces, and twenty-five inches by forty inches, twelve ounces, on the morning of Sep
<lb/>tember</hi> 30
<hi rend="italic">th, which he delivered to Bracht & Friedlaender, the same day as Hyman had said that he (Hyman) had sold that quantity to them; and that he had never seen Schultz or Briggs before; that he had tried, and failed to find Goldburg, and that he could not produce any paper whatever relating to the transactions he had had with him.</hi> </p>
<xptr type="pageFacsimile" doc="190501090043"/>
<hi rend="smallCaps">
<persName id="t19050109-name-139" type="witnessName">
<interp inst="t19050109-name-139" type="gender" value="male"/>
<interp inst="t19050109-name-139" type="surname" value="KENRATH"/>
<interp inst="t19050109-name-139" type="given" value="LOUIS"/>LOUIS KENRATH</persName> </hi>. I am a hairdresser, of 8, Devons Road, Bow, and have lived there for 12 years—nobody named Goldburg has lived there during that time, nor do I know anybody of that name.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-140" type="witnessName">
<interp inst="t19050109-name-140" type="gender" value="male"/>
<interp inst="t19050109-name-140" type="surname" value="ROBETS"/>
<interp inst="t19050109-name-140" type="given" value="THOMAS"/>THOMAS ROBETS</persName> </hi>. I have lived at 80, Devons Road, for 14 years—I do not know the name of Goldburg—nobody of that name has lived there during that time.</p>
<hi rend="italic">Hyman, in his defence on oath, said that since March</hi>, 1904,
<hi rend="italic">he had been selling strawboards which he had bought on an average at</hi> £3
<hi rend="italic">a ton from Ince, making a profit for himself of about</hi> 6
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.
<hi rend="italic">per ton; that he had not the re
<lb/>motest suspicion that he was dealing with stolen property, believing that Ince got them from Holland in exchange for waste; that he told Schmaltz that that was how they were obtained, not that he himself had exchanged the waste; that he disposed of altogether about</hi> 160
<hi rend="italic">tons at an average of five tons per week, selling them to the trade, including Schmaltz, Bracht and Friedlaender and others, whose names he had given, in a perfectly open manner; that on one occa
<lb/>sion he took a sample board to Mr. Mansell, out did not succeed in selling any; that Ince was mistaken in saying that he (Hyman) had only had sixty tons from him, and that he did not tell Ince on September</hi> 30
<hi rend="italic">th that he had sold</hi> 160
<hi rend="italic">bundles, but that he asked him whether he had got them of the size he named; that in</hi> 1903
<hi rend="italic">for about nine months he had bought strawboards from Toms, the greater quantity of which he sold to Schmaltz; that he did not ask where Toms had obtained them from, nor was he in partnership with him; that he never told Bracht that the strawboards could not be properly sorted at the wharf, and that he said that his premises had to be whitewashed because he wanted to get rid of some stuff cheaply, using that as an excuse.</hi> </p>
<hi rend="smallCaps">
<rs id="t19050109-133-verdict-1" type="verdictDescription">
<interp inst="t19050109-133-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-133-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">SCHULTZ</hi>
<hi rend="italic">recommended to mercy by the Jury. He received a good character—
<rs id="t19050109-133-punishment-18" type="punishmentDescription">
<interp inst="t19050109-133-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-133-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-133-19050109 t19050109-133-punishment-18"/>Six months' hard labour.</rs> </hi>
<hi rend="largeCaps">BRIGGS</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a con
<lb/>viction of felony at the North London Sessions on August</hi> 4
<hi rend="italic">th</hi>, 1897.
<hi rend="italic">Several previous convictions were proved against him—
<rs id="t19050109-133-punishment-19" type="punishmentDescription">
<interp inst="t19050109-133-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-133-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-133-19050109 t19050109-133-punishment-19"/>Three years' penal servitude.</rs> </hi>
<hi rend="largeCaps">INCE</hi>
<rs id="t19050109-133-punishment-20" type="punishmentDescription">
<interp inst="t19050109-133-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-133-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-133-19050109 t19050109-133-punishment-20"/>
<hi rend="italic">Four years' penal servitude.</hi> </rs>
<hi rend="largeCaps">HYMAN</hi>
<hi rend="italic">
<rs id="t19050109-133-punishment-21" type="punishmentDescription">
<interp inst="t19050109-133-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-133-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-133-19050109 t19050109-133-punishment-21"/>Twelve months' hard labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 11
<hi rend="italic">th</hi>, 1906.</p>
<hi rend="italic">Before Lumley Smith, Esq., K.C.</hi> </p>
<div1 type="trialAccount" id="t19050109-134">
<interp inst="t19050109-134" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-134" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-134-charge-1" targOrder="Y" targets="def1-134-19050109 t19050109-134-offence-1 t19050109-134-verdict-1"/>
<persName id="def1-134-19050109" type="defendantName">
<interp inst="def1-134-19050109" type="gender" value="male"/>
<interp inst="def1-134-19050109" type="age" value="21"/>
<interp inst="def1-134-19050109" type="surname" value="CLARKE"/>
<interp inst="def1-134-19050109" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD CLARKE</hi> (21)</persName>
<rs id="t19050109-134-offence-1" type="offenceDescription">
<interp inst="t19050109-134-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19050109-134-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence, with another man, unknown, upon
<persName id="t19050109-name-142" type="victimName">
<interp inst="t19050109-name-142" type="gender" value="male"/>
<interp inst="t19050109-name-142" type="surname" value="O'REILLY"/>
<interp inst="t19050109-name-142" type="given" value="DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-134-offence-1 t19050109-name-142"/>David O'Reilly</persName>, and stealing from his person £2 15s.</rs> </p>
<hi rend="smallCaps">MR. ROCH</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. BURNIE</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-143" type="witnessName">
<interp inst="t19050109-name-143" type="gender" value="male"/>
<interp inst="t19050109-name-143" type="surname" value="CIPPS"/>
<interp inst="t19050109-name-143" type="given" value="JOSEPH"/>JOSEPH CIPPS</persName> </hi> (282
<hi rend="italic">A.</hi>) At 1.45 a.m. on December 20th I was in Old Pye Street, Westminster—I heard shouts of "Help" and "Police" from the direction of St. Ann's Lane, which is a long narrow passage—there is a</p>
<xptr type="pageFacsimile" doc="190501090044"/>
<p>lamp at each end—it is between eighty and ninety yards long—I went there and saw the prisoner and another man holding a man down and rifling his pockets—I gave chase and shouted for help—they both ran out of the passage into Great Peter Street—they parted there—as I got to the top of the passage another constable caught the prisoner and handed him over to me—I took him back to the prosecutor and asked him what they had done—he said, "They have knocked me down and robbed me"—I said, "Of how much?"—he said, "£2 10s."—I asked him if he would charge the prisoner—he said, "No"—as the prosecutor was drunk I took them both to the police station and charged them, one with robbing and the other with being drunk—next day they came before the Magistrate, when the prosecutor gave evidence—I have not seen him here to-day.</p>
<hi rend="italic">Cross-examined.</hi> The prosecutor was drunk, but he knew what he was about—the prisoner was not trying to help him up—I was thirty-five yards away at first—the prisoner was not out of my sight for more than a minute as he turned the corner.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-144" type="witnessName">
<interp inst="t19050109-name-144" type="gender" value="male"/>
<interp inst="t19050109-name-144" type="surname" value="BUCKHAM"/>
<interp inst="t19050109-name-144" type="given" value="GEORGE"/>GEORGE BUCKHAM</persName> </hi> (300
<hi rend="italic">A.</hi>) I arrested the prisoner about 1.45 a.m. on December 20th as he was running out of St. Ann's Lane—I held him until Cripps came—Cripps said, "That is one of them"—I told him to hold the prisoner while I went after the other man, but lost him.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-145" type="witnessName">
<interp inst="t19050109-name-145" type="gender" value="male"/>
<interp inst="t19050109-name-145" type="surname" value="O'REILLY"/>
<interp inst="t19050109-name-145" type="given" value="DAVID"/>DAVID O'REILLY</persName> </hi>
<hi rend="italic">was called on his recognisances, but did not answer.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-146" type="witnessName">
<interp inst="t19050109-name-146" type="gender" value="male"/>
<interp inst="t19050109-name-146" type="surname" value="CIPPS"/>
<interp inst="t19050109-name-146" type="given" value="JOSEPH"/>JOSEPH CIPPS</persName> </hi> (
<hi rend="italic">Re-examined</hi>). A halfpenny was found on the prisoner—I do not know whether the prosecutor and the prisoner both live in Great Peter Street.</p>
<hi rend="smallCaps">
<rs id="t19050109-134-verdict-1" type="verdictDescription">
<interp inst="t19050109-134-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-134-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony at Newington Sessions on May</hi> 18
<hi rend="italic">th</hi>, 1904,
<hi rend="italic">in the name of John Edwards. One other conviction was proved against him. The police gave him a very bad character, stating that he belonged to some of the worst characters in London.</hi> </p>
<hi rend="italic">
<rs id="t19050109-134-punishment-22" type="punishmentDescription">
<interp inst="t19050109-134-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-134-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-134-19050109 t19050109-134-punishment-22"/>Three years' penal servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19050109-135">
<interp inst="t19050109-135" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-135" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-135-charge-1" targOrder="Y" targets="def1-135-19050109 t19050109-135-offence-1 t19050109-135-verdict-1"/>
<join result="criminalCharge" id="t19050109-135-charge-2" targOrder="Y" targets="def2-135-19050109 t19050109-135-offence-1 t19050109-135-verdict-2"/>
<persName id="def1-135-19050109" type="defendantName">
<interp inst="def1-135-19050109" type="gender" value="male"/>
<interp inst="def1-135-19050109" type="age" value="29"/>
<interp inst="def1-135-19050109" type="surname" value="O'NEIL"/>
<interp inst="def1-135-19050109" type="given" value="PATRICK"/>
<hi rend="largeCaps">PATRICK O'NEIL</hi> (29)</persName>, and
<persName id="def2-135-19050109" type="defendantName">
<interp inst="def2-135-19050109" type="gender" value="female"/>
<interp inst="def2-135-19050109" type="age" value="25"/>
<interp inst="def2-135-19050109" type="surname" value="O'NEIL"/>
<interp inst="def2-135-19050109" type="given" value="AMY"/>
<hi rend="largeCaps">AMY O'NEIL</hi> (25)</persName>
<rs id="t19050109-135-offence-1" type="offenceDescription">
<interp inst="t19050109-135-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19050109-135-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t19050109-name-149" type="victimName">
<interp inst="t19050109-name-149" type="gender" value="male"/>
<interp inst="t19050109-name-149" type="surname" value="CLARK"/>
<interp inst="t19050109-name-149" type="given" value="GEORGE THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-135-offence-1 t19050109-name-149"/>George Thomas Clark</persName> and stealing from his person a watch and chain, his goods.</rs> </p>
<hi rend="smallCaps">MR. HERBERT-SMITH</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-150" type="witnessName">
<interp inst="t19050109-name-150" type="gender" value="male"/>
<interp inst="t19050109-name-150" type="surname" value="CLARK"/>
<interp inst="t19050109-name-150" type="given" value="GEORGE THOMAS"/>GEORGE THOMAS CLARK</persName> </hi>. I am a provision merchant, and live at 6, Palmeston Road, High Street, Walthamstow—about 7 p.m. on Decem
<lb/>ber 6th I was in Warner Street, Clerkenwell—I turned into a doorway to make water—I was sober—I was wearing a watch—I turned round when the male prisoner came to me—the woman stood about a yard off, with another man—the male prisoner said, "You seem a decent old
<hi rend="italic">toff"</hi>—I suspected he wanted to steal something—I said, "You have got the advantage of me"—he said, "No, I have not"—he then put both his arms round me; he drew my arms up, and took my watch and gave it to the other man—I pinned him against the wall, and said "You vagabond" and called, "Police," when the woman put her arm round my neck—I had to leave go of the man, as he was using violence to me in my privates—a policeman then took him to the station.</p>
<xptr type="pageFacsimile" doc="190501090045"/>
<hi rend="italic">Cross-examined by Patrick O'Neil.</hi> I caught hold of you as you went across the road.</p>
<hi rend="italic">Cross-examined by Amy O'Neil.</hi> I did not knock up against you—you put your arm round my neck and said, "Let go, you b—"</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The male prisoner struggled as I pinned him against the wall—at the station he came at me like a wild beast, and it took three constables to hold him.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-151" type="witnessName">
<interp inst="t19050109-name-151" type="gender" value="male"/>
<interp inst="t19050109-name-151" type="surname" value="BENHAM"/>
<interp inst="t19050109-name-151" type="given" value="ALBERT"/>ALBERT BENHAM</persName> </hi> (439
<hi rend="italic">E.</hi>) On December 6th at 7 p.m. I was in Warner Street, and saw the two prisoners there—I heard a police whistle a few minutes after, and ran back and found Maddison with the prosecutor and the male prisoner—the prosecutor had the prisoner against a wall by the throat, and the woman was trying to pull him back—the male prisoner was taken to the police station, the woman following—the male prisoner was very violent at the station.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-152" type="witnessName">
<interp inst="t19050109-name-152" type="gender" value="male"/>
<interp inst="t19050109-name-152" type="surname" value="MADDISON"/>
<interp inst="t19050109-name-152" type="given" value="WILLIAM"/>WILLIAM MADDISON</persName> </hi> (49
<hi rend="italic">E.</hi>) On December 6th, about 7 p.m., I was in Warner Street—I saw both the prisoners there—I found the prosecutor struggling with the male prisoner—he seized him by the coat collar and said, "This man has stolen my watch"—I did not see the woman had hold of the prosecutor; she was close by—the male prisoner said, "I have not taken the watch; you have made a mistake"—they were both taken to the station, the female prisoner following—they were both charged there.</p>
<hi rend="italic">Cross-examined by Patrick O'Neil.</hi> I did not say before the Magistrate that you; wife was arrested in the street—seeing her condition I did not have her arrested in the street as she was following to the station.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The prosecutor was not intoxicated.</p>
<hi rend="italic">Patrick O'Neil, in his defence on oath, said that he went to make water when the prosecutor got hold of him and accused him of taking his watch, but that he never took it, and that the female prisoner was not his wife.</hi> </p>
<hi rend="italic">Amy O'Neil, in her defence on oath, stated that she had been ill for over a week and went out to find her husband, when she found the prosecutor had hold of him; that the prosecutor said the male prisoner had taken his watch, that she followed to the station, when she was charged, but what for she did not know.</hi> </p>
<hi rend="largeCaps">PATRICK O'NEIL</hi>,
<rs id="t19050109-135-verdict-1" type="verdictDescription">
<interp inst="t19050109-135-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-135-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>.
<hi rend="largeCaps">AMY O'NEIL</hi>,</p>
<hi rend="smallCaps">
<rs id="t19050109-135-verdict-2" type="verdictDescription">
<interp inst="t19050109-135-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19050109-135-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.
<hi rend="italic">Patrick O'Neil then</hi>
<hi rend="smallCaps">PLEADED GUILTY></hi>
<hi rend="italic">to a conviction of felony at this Court on October</hi> 5
<hi rend="italic">th</hi>, 1898.
<hi rend="italic">A large number of convictions were proved against him.</hi> </p>
<hi rend="italic">The police gave him a very bad character.
<rs id="t19050109-135-punishment-23" type="punishmentDescription">
<interp inst="t19050109-135-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-135-punishment-23" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-135-19050109 t19050109-135-punishment-23"/>Five years' penal servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, Friday, Monday, and Tuesday, January</hi> 12
<hi rend="italic">th</hi>, 13
<hi rend="italic">th</hi>, 16
<hi rend="italic">th and</hi> 17
<hi rend="italic">th</hi>, 1905.</p>
<hi rend="italic">Before Mr. Justice Darling.</hi> </p>
<hi rend="italic">For the case of Henry Robert Jones, tried on these days, see Surrey Cases.</hi>)</p>
<xptr type="pageFacsimile" doc="190501090046"/>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Thursday, January</hi> 12
<hi rend="italic">th, and Friday, January</hi> 13
<hi rend="italic">th.</hi> </p>
<hi rend="italic">and</hi> </p>
<hi rend="largeCaps">THIRD COURT</hi>,
<hi rend="italic">Saturday, January</hi> 14
<hi rend="italic">th</hi>, 1905.</p>
<hi rend="italic">Before J. A. Rentoul, Esq., K.C.</hi> </p>
<div1 type="trialAccount" id="t19050109-136">
<interp inst="t19050109-136" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-136" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-136-charge-1" targOrder="Y" targets="def1-136-19050109 t19050109-136-offence-1 t19050109-136-verdict-1"/>
<persName id="def1-136-19050109" type="defendantName">
<interp inst="def1-136-19050109" type="gender" value="male"/>
<interp inst="def1-136-19050109" type="age" value="30"/>
<interp inst="def1-136-19050109" type="surname" value="SKIPP"/>
<interp inst="def1-136-19050109" type="given" value="EDMUND JOHN"/>
<interp inst="def1-136-19050109" type="occupation" value="Post Office"/>
<hi rend="largeCaps">EDMUND JOHN SKIPP</hi> (30)</persName>
<rs id="t19050109-136-offence-1" type="offenceDescription">
<interp inst="t19050109-136-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19050109-136-offence-1" type="offenceSubcategory" value="mail"/>, Stealing, whilst employed under the Post Office, a post letter, the property of
<persName id="t19050109-name-154" type="victimName">
<interp inst="t19050109-name-154" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-136-offence-1 t19050109-name-154"/>the Postmaster-General</persName>.</rs> </p>
<hi rend="italic">Second count</hi>, feloniously embezzling the same.</p>
<hi rend="smallCaps">MR. BIRON</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. WATT</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-155" type="witnessName">
<interp inst="t19050109-name-155" type="gender" value="male"/>
<interp inst="t19050109-name-155" type="surname" value="SMITHSON"/>
<interp inst="t19050109-name-155" type="given" value="ALBERT EDWARD"/>ALBERT EDWARD SMITHSON</persName> </hi>. I am an acting overseer in the foreign section of the General Post Office—the prisoner has been employed as a porter in the foreign section for some time past and has clearing duties—on December 26th I was on duty in the foreign section, where the prisoner was employed—that is where newspapers are dealt with which are going to foreign countries—the newspapers are brought in in bags or baskets and are turned out on the general sorting table which contains divisions into which the newspapers are sorted for the various countries to which they are going—the prisoner had nothing to do with the sorting—it is not the duty of a porter to sort or to select anything—if a packet had got from the general sorting table to the "Italian road," he would be exceeding his duty to interfere with it in any way—I saw the prisoner at work on the day in question—when the incident occurred he had been on duty about three-and-a-half hours—this was about 8.30 a.m.—he says he was up all Christmas night drinking, but I had no cause to speak to him in any way.</p>
<hi rend="italic">Cross-examined.</hi> I had about 120 men under my charge—I had no occasion to watch the prisoner—his duty is to carry newspapers from the general table to the Italian table—the packet in question would not have been given to the prisoner; he would collect it from the Italian box—if it had been in the Italian box it would have been missorted there—if he discovered that he was carrying a packet amongst the newspapers it would not be his duty to call attention to it, it would have nothing what
<lb/>ever to do with him—it would be the duty of the road overseer to reject the packet—prior to this incident the prisoner was under suspicion—his wages were 24s. a week.</p>
<hi rend="italic">Re-examined.</hi> The prisoner was under observation—there is a special sorter for each road who would notice the package being there and would put it into what we term a "blind box" or "missort box."</p>
<hi rend="smallCaps">
<persName id="t19050109-name-156" type="witnessName">
<interp inst="t19050109-name-156" type="gender" value="male"/>
<interp inst="t19050109-name-156" type="surname" value="BROEN"/>
<interp inst="t19050109-name-156" type="given" value="WILLIAM"/>WILLIAM BROEN</persName> </hi>. I am a sorter in the foreign section of the General Post Office—I was on duty as a sorter on December 26th—the prisoner was on duty there—I remember seeing him about 8.30 go to the general sorting table—I was at the foreign table at the time, which is known as the "Italian road"—in consequence of information, I watched the prisoner—I saw him collect correspondence from the general sorting table for the "Italian road"—he came with it and placed it all on the table with the exception of this small packet, which I saw him place in his left-hand trousers pocket—I immediately reported the fact to my superior officers—immediately afterwards he pulled 5d. out of the other pocket</p>
<xptr type="pageFacsimile" doc="190501090047"/>
<p>and said to me, "This is all I have, 5d."—there was nothing whatever to lead up to that—he then went back to the general sorting table—my duty was to sort the newspapers, and I should have seen that this packet was there improperly—there was no correspondence on the "Italian road" at the time, it was perfectly clear until the newspapers were brought in by the prisoner—it is not true that he stood there talking—he was there about three-quarters of a minute.</p>
<hi rend="italic">Cross-examined.</hi> I saw him approaching with the newspapers—there were about twenty—at the time he was coming to the table he had the packet in his hand—he was not looking about him; he walked straight on—he wore an apron at the time, he pulled it up first—he was trying to keep the packet from the view of anybody else—I should say he was not aware I was looking.</p>
<hi rend="italic">Re-examined.</hi> When the prisoner came to the Italian table he turned on one side, but did not move any distance.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-157" type="witnessName">
<interp inst="t19050109-name-157" type="gender" value="male"/>
<interp inst="t19050109-name-157" type="surname" value="WATTS"/>
<interp inst="t19050109-name-157" type="given" value="ARTHUR JONAS"/>ARTHUR JONAS WATTS</persName> </hi>. I am a clerk in the Secretary's office at the General Post Office—the prisoner has been about five years in the Post Office as a porter—since the beginning of October he has been suspected of dishonesty—in consequence, special observation was kept upon him—he was brought before me—I said to him, "At 8.30 this morning you were seen to place a packet in your pocket; you were spoken to by Mr. Tanner and you produced the packet from your left-hand trousers pocket; what explanation have you to offer of your possession of the packet?"—he replied, "I cannot say what made me do it."</p>
<hi rend="italic">The prisoner, in his defence on oath, stated that he found the packet amongst the newspapers and put it in his pocket to take it back; that the previous night he had been drinking a good deal and was muddled, so that he forgot he had the packet in his pocket; and that he had no intention of stealing it.</hi> </p>
<rs id="t19050109-136-verdict-1" type="verdictDescription">
<interp inst="t19050109-136-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-136-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">Recommended to mercy by the Jury.</hi> </rs>
<hi rend="italic">
<rs id="t19050109-136-punishment-24" type="punishmentDescription">
<interp inst="t19050109-136-punishment-24" type="punishmentCategory" value="noPunish"/>
<interp inst="t19050109-136-punishment-24" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-136-19050109 t19050109-136-punishment-24"/>Judgment respited.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19050109-137">
<interp inst="t19050109-137" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-137" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-137-charge-1" targOrder="Y" targets="def1-137-19050109 t19050109-137-offence-1 t19050109-137-verdict-2"/>
<join result="criminalCharge" id="t19050109-137-charge-2" targOrder="Y" targets="def2-137-19050109 t19050109-137-offence-1 t19050109-137-verdict-2"/>
<join result="criminalCharge" id="t19050109-137-charge-3" targOrder="Y" targets="def3-137-19050109 t19050109-137-offence-1 t19050109-137-verdict-1"/>
<join result="criminalCharge" id="t19050109-137-charge-4" targOrder="Y" targets="def4-137-19050109 t19050109-137-offence-1 t19050109-137-verdict-2"/>
<persName id="def1-137-19050109" type="defendantName">
<interp inst="def1-137-19050109" type="gender" value="male"/>
<interp inst="def1-137-19050109" type="age" value="23"/>
<interp inst="def1-137-19050109" type="surname" value="COLLINSON"/>
<interp inst="def1-137-19050109" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE COLLINSON</hi> (23)</persName>,
<persName id="def2-137-19050109" type="defendantName">
<interp inst="def2-137-19050109" type="gender" value="male"/>
<interp inst="def2-137-19050109" type="age" value="53"/>
<interp inst="def2-137-19050109" type="surname" value="BAILEY"/>
<interp inst="def2-137-19050109" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BAILEY</hi> (53)</persName>,
<persName id="def3-137-19050109" type="defendantName">
<interp inst="def3-137-19050109" type="gender" value="male"/>
<interp inst="def3-137-19050109" type="age" value="23"/>
<interp inst="def3-137-19050109" type="surname" value="MILLS"/>
<interp inst="def3-137-19050109" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK MILLS</hi> (23)</persName>, and
<persName id="def4-137-19050109" type="defendantName">
<interp inst="def4-137-19050109" type="gender" value="female"/>
<interp inst="def4-137-19050109" type="age" value="41"/>
<interp inst="def4-137-19050109" type="surname" value="DRISCOLL"/>
<interp inst="def4-137-19050109" type="given" value="NORAH"/>
<hi rend="largeCaps">NORAH DRISCOLL</hi> (41)</persName>
<rs id="t19050109-137-offence-1" type="offenceDescription">
<interp inst="t19050109-137-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19050109-137-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t19050109-name-162" type="victimName">
<interp inst="t19050109-name-162" type="gender" value="male"/>
<interp inst="t19050109-name-162" type="surname" value="CHARLES"/>
<interp inst="t19050109-name-162" type="given" value="HENRY FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-137-offence-1 t19050109-name-162"/>Henry Frederick Charles</persName>, and stealing from him £2 10s., his money.</rs>
<hi rend="largeCaps">MILLS</hi>
<rs id="t19050109-137-verdict-1" type="verdictDescription">
<interp inst="t19050109-137-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-137-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to simple robbery.</hi> </rs> </p>
<hi rend="smallCaps">MR. CUNDY</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. BUNIE</hi>
<hi rend="italic">Defended</hi> Mills and Driscoll.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-163" type="witnessName">
<interp inst="t19050109-name-163" type="gender" value="male"/>
<interp inst="t19050109-name-163" type="surname" value="CHARLES"/>
<interp inst="t19050109-name-163" type="given" value="HENRY FREDERICK"/>HENRY FREDERICK CHARLES</persName> </hi>. I live at 55, Fieldgate Street, White
<lb/>chapel Road, and am a clerk—shortly after midnight on Saturday December 17th, I was in Commercial Street, where I met Driscoll—she spoke to me and I stopped to listen to her for two or three minutes, when two men came up, joined by a third one—she went to speak to them—the three men then disappeared and the woman came back to me—she then spoke about my tie being untidy and said, "Come round the corner here and I will put it right for you"—I went two or three yards and then said to her, "I must be going home"—she asked me if I was going to give her anything for detaining her—I said, "Yes, I will give you something"—I put my hand in my pocket to pull out some money—as I did so two men</p>
<xptr type="pageFacsimile" doc="190501090048"/>
<p>pounced on me, dragging me to the ground; a third rushed at me in front and caught hold of me—I struggled and got away two or three yards, when they got me down again—at the time one man was holding me by the throat, I could feel the others' hands in my pocket—they were pulling me about, when three or four other men came up, who turned out to be police officers—one of the latter said, "I have been watching this, I have seen him"—I let go of the man and he was taken to the station—I do not identify any of the male prisoners—I had about £2 10s. on me—I do not know what became of it—I heard jingling of money as we went to the station.</p>
<hi rend="italic">Cross-examined by Bailey.</hi> I do not identify you—I was not with the woman in the Whitechapel Road—I lost my hat in the struggle—I had my hat before you or the three men I am speaking about came up.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BURNIE</hi>. I met Driscoll in Commercial Street—I was not speaking to her for two minutes before the men came up the first time—I waited there perhaps five minutes—the men were speaking to her for about a minute—the woman did not assault me—I did not see her take any part in the robbery—I had had a little drink, but I knew what I was doing.</p>
<hi rend="italic">Re-examined.</hi> I do not know the names of the streets about there, but I know High Street, Whitechapel, and Commercial Street.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-164" type="witnessName">
<interp inst="t19050109-name-164" type="gender" value="male"/>
<interp inst="t19050109-name-164" type="surname" value="DENNIS"/>
<interp inst="t19050109-name-164" type="given" value="FRANK"/>FRANK DENNIS</persName> </hi> (277
<hi rend="italic">H.</hi>) About 12.30 a.m. on December 18th I was in company with three other officers in plain clothes, when I saw the prosecutor with Driscoll in High Street, Whitechapel—the woman was putting his tie straight and brushing him down in front—they stood for a few minutes in the doorway of the Art Gallery—they went down High Street, down Osborn Street, into Wentworth Street, where they stopped—they were there a few minutes when the male prisoners spoke to her—Collinson and Bailey went a little way, while Mills stood at the corner—the woman did not move—they then came back and said something else to the woman—they went back again—as the prosecutor came round the corner they came rushing at him, Bailey hanging on his coat sleeve—the prosecutor broke away from him and got about six yards down Wentworth Street when Collinson and Bailey caught hold of the prose
<lb/>cutor and threw him on his back—as soon as they did that Mills looked round and, seeing nobody about, ran up—I caught hold of Bailey, but he got away—I followed him for about 100 yards and caught him—Mills ran in the same direction—I blew my whistle—on the way to the station Bailey said, "I don't know those two men; never
<hi rend="italic">see</hi> them before"—at the station he said to the prosecutor, "Did you see me in your company this night?"—the prosecutor replied, "I cannot recognise any of you; all I know is that three men robbed me in Wentworth Street"—we were watching about twenty yards away, concealed in a gateway—I did not hear any money fall, because I was running after Bailey.</p>
<hi rend="italic">Cross-examined by Bailey.</hi> I saw the prosecutor first in High Street, Whitechapel—he had not his hat on then—I should say he had been drink
<lb/>ing—I first saw you at the corner of Wentworth Street—I say you had hold of him.</p>
<xptr type="pageFacsimile" doc="190501090049"/>
<hi rend="italic">Cross-examined by Collinson.</hi> I saw you first at the corner of Wentworth Street in company with the others—I have not made a mistake.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BURNIE</hi>. The prosecutor was the worse for drink—I do not know whether he said before the Magistrate that he was sober—he was not drunk and incapable, but he had had enough—the men first spoke to Driscoll in Osborn Street, at the corner of Wentworth Street.</p>
<hi rend="italic">Re-examined.</hi> I arrested Bailey and Mills.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-165" type="witnessName">
<interp inst="t19050109-name-165" type="gender" value="male"/>
<interp inst="t19050109-name-165" type="surname" value="STEVENS"/>
<interp inst="t19050109-name-165" type="given" value="JOHN"/>JOHN STEVENS</persName> </hi> (321
<hi rend="italic">H.</hi>) On December 18th about midnight I was in plain clothes on duty in High Street, Whitechapel, in company with three other officers—I saw the female prisoner with the prosecutor standing in the doorway of the Art Gallery—she appeared to be stroking his waist
<lb/>coat or something—she had got her hands down the front of him—they stood there some few minutes—they went up Osborn Street and stood at the corner of Wentworth Street, where they were met by Collinson and Bailey and another—the woman went and spoke to the three male prisoners—she then came back again to where the prosecutor stood and Bailey and Collinson went round the corner into Wentworth Street—Driscoll and the prosecutor then went round the corner after them—Mills stood at the corner—then the prosecutor came rushing across Brick Lane, with Bailey holding his coat—Bailey pulled him back into Went-worth Street, where Collinson ran up and the two threw him down on the pavement—Mills then ran down from the corner where he had been standing—we rushed out of our place of concealment—Bailey and Mills ran away—I arrested Collinson—the prosecutor still had hold of his coat tail—we were watching about twenty to twenty-five yards away—Collin
<lb/>son had 3s. 6d. and two halfpennies on him—some money fell in the road at the time of the arrest.</p>
<hi rend="italic">Cross-examined by Bailey.</hi> I first saw you with the other two male prisoners at the corner of Wentworth Street—I did not notice that the prosecutor had a hat on—I did not see you with the woman, nor with the other two prisoners, in High Street, Whitechapel—I have seen you before with Collinson, but not with Mills—I have not made a mistake—I saw you at the corner previous to the robbery.</p>
<hi rend="italic">Cross-examined by Collinson.</hi> I first saw you at the corner of Went-worth Street—when I arrested you you were not going up Brick Lane—the prosecutor had hold of your coat.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BURNIE</hi>. I did not see the first meeting of the prosecutor and the woman—I should say the prosecutor was in the woman's company about five to ten minutes before the men came up—it would not be right to say twenty minutes.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-166" type="witnessName">
<interp inst="t19050109-name-166" type="gender" value="male"/>
<interp inst="t19050109-name-166" type="surname" value="HAYNES"/>
<interp inst="t19050109-name-166" type="given" value="JOSEPH"/>JOSEPH HAYNES</persName> </hi> (63
<hi rend="italic">H.</hi>) On December 18th, soon after midnight, I was with other constables in High Street, Whitechapel—I saw Driscoll speaking to the prosecutor—she was brushing down his coat and placing his tie straight—she then walked with him till they came to the corner of Wentworth Street—they then stood against a shop a little way down the street, talking—the male prisoners stood near—Driscoll went and spoke</p>
<xptr type="pageFacsimile" doc="190501090050"/>
<p>to them—Bailey and Collinson went down Went worth Street, and Mills stood at the corner—in two or three minutes the prosecutor came running up Osborn Street, with Bailey clinging to his arm—I ran up and saw that Stevens had hold of Collinson; Dennis had gone after Bailey and Mills, and I arrested the woman—she said, "This is all right, isn't it?"—she said nothing in answer to the charge.</p>
<hi rend="italic">Cross-examined by Bailey.</hi> I did not say at the Police Court that you followed the woman up Osborn Street and passed her and joined the two men.</p>
<hi rend="italic">Cross-examined by Collinson.</hi> I saw you first at the corner of Osborn Street and Wentworth Street with Bailey and Mills—I have made no mistake.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BURNIE</hi>. I saw the prosecutor and Driscoll first in High Street, Whitechapel—I should think they walked about 200 yards before the men were spoken to—I should think it was about 300 yards to where the assault took place—it would not be correct to say twenty minutes elapsed from the time the prosecutor met the woman till the men were spoken to.</p>
<hi rend="italic">Bailey's statement before the Magistrate:</hi> "The woman, Annie Wrights, can prove I just left her."</p>
<hi rend="italic">Driscoll, in her defence on oath, stated that she met the prosecutor and walked a little way with him; that she straightened his tie and brushed the juice of an orange which he was eating off his clothes; that he left her, as he felt sick; that she heard a noise, and, turning round, she saw two or three men round him; and that she did not see the assault, or take any part in it.</hi> </p>
<hi rend="italic">Bailey, in his defence, stated that he was an innocent man; that he did not know Collinson or Mills; that at the time the robbery took place he was in Wentworth Street with another woman; that as he came round the comer he came face to face with the constable, who arrested him.</hi> </p>
<hi rend="italic">Collinson's defence:</hi> "I was going up Brick Lane, 70 yards away from the affair, when the two men came and pounced upon me. I am innocent of this."</p>
<hi rend="smallCaps">
<persName id="t19050109-name-167" type="witnessName">
<interp inst="t19050109-name-167" type="gender" value="male"/>
<interp inst="t19050109-name-167" type="surname" value="HAYNES"/>
<interp inst="t19050109-name-167" type="given" value="JOSEPH"/>JOSEPH HAYNES</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I arrested the woman on the spot just after the robbery took place—she walked up Osborn Street about seven yards—when I came up the man had the prosecutor down—she was then standing by while they had him down.</p>
<hi rend="italic">Each</hi>
<rs id="t19050109-137-verdict-2" type="verdictDescription">
<interp inst="t19050109-137-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-137-verdict-2" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>.
<hi rend="italic">Collinson then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony at Clerkenwell on May</hi> 5
<hi rend="italic">th</hi>, 1903,
<hi rend="italic">in the name of William James Moss; Bailey to a conviction of felony at Newington on May</hi> 12
<hi rend="italic">th</hi>, 1900;
<hi rend="italic">and Mills to a conviction of felony at West Ham on June</hi> 12
<hi rend="italic">th</hi>, 1903,
<hi rend="italic">Mills was given a bad character by the police. One summary conviction was proved against Collinson. A large number of convictions were proved against Bailey.</hi>
<hi rend="largeCaps">COL
<lb/>LINSON, MILLS</hi>,
<hi rend="italic">and</hi>
<hi rend="largeCaps">BAILEY</hi>
<rs id="t19050109-137-punishment-25" type="punishmentDescription">
<interp inst="t19050109-137-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-137-punishment-25" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-137-19050109 t19050109-137-punishment-25"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-137-19050109 t19050109-137-punishment-25"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-137-19050109 t19050109-137-punishment-25"/>
<hi rend="italic">Twelve months' hard labour each</hi> </rs>;
<hi rend="largeCaps">DRISCOLL</hi>
<hi rend="italic">
<rs id="t19050109-137-punishment-26" type="punishmentDescription">
<interp inst="t19050109-137-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-137-punishment-26" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-137-19050109 t19050109-137-punishment-26"/>One month hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19050109-138">
<interp inst="t19050109-138" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-138" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-138-charge-1" targOrder="Y" targets="def1-138-19050109 t19050109-138-offence-1 t19050109-138-verdict-1"/>
<persName id="def1-138-19050109" type="defendantName">
<interp inst="def1-138-19050109" type="gender" value="male"/>
<interp inst="def1-138-19050109" type="age" value="29"/>
<interp inst="def1-138-19050109" type="surname" value="PRICE"/>
<interp inst="def1-138-19050109" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS PRICE</hi> (29)</persName>
<rs id="t19050109-138-offence-1" type="offenceDescription">
<interp inst="t19050109-138-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19050109-138-offence-1" type="offenceSubcategory" value="robbery"/>, With two other persons, feloniously assaulting
<persName id="t19050109-name-169" type="victimName">
<interp inst="t19050109-name-169" type="gender" value="male"/>
<interp inst="t19050109-name-169" type="surname" value="BUCK"/>
<interp inst="t19050109-name-169" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-138-offence-1 t19050109-name-169"/>John Buck</persName> and robbing him with violence of a watch, chain, and a coin.</rs> </p>
<xptr type="pageFacsimile" doc="190501090051"/>
<hi rend="smallCaps">MR. JENKINS</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-170" type="witnessName">
<interp inst="t19050109-name-170" type="gender" value="male"/>
<interp inst="t19050109-name-170" type="surname" value="BUCK"/>
<interp inst="t19050109-name-170" type="given" value="JOHN"/>JOHN BUCK</persName> </hi>. I live at the Coach and Horses stables, attached to the Coach and Horses public-house, Stonebridge, and am a contractor—about 7.30 p.m. on January 6th, 1904, I was in the saloon bar of the Coach and Horses—when I went in the prisoner was there, another man, named Kirby, since convicted, a man not in custody, named Bray, and the manager of the house—about fifteen or twenty minutes after, the manager went to have his supper—a Mr. Parker came into the bar—a boy came in with a paper and told Mr. Parker that he was wanted up home at once—Mr. Parker then went out—the three men in the bar then set about me, striking me on my jaw and ear—the prisoner was there—I became unconscious—I lost my watch and chain and a Kruger coin—I cannot say who took them.</p>
<hi rend="italic">Cross-examined.</hi> I had never seen the three before—the prisoner followed Parker to the door—I cannot say whether he went out or not; perhaps he did.</p>
<hi rend="italic">Re-examined.</hi> The moment Parker left I was assaulted.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-171" type="witnessName">
<interp inst="t19050109-name-171" type="gender" value="male"/>
<interp inst="t19050109-name-171" type="surname" value="PARKER"/>
<interp inst="t19050109-name-171" type="given" value="JOSEPH"/>JOSEPH PARKER</persName> </hi>. I live at Stonebridge, and am a horse-keeper—about 8 p.m. on January 6th, 1904, I was in the saloon bar of the Coach and Horses—there were three men there whom I did not know, Mr. Buck, and the manager—I was not able to identify the prisoner—I was called away in a few moments to go home—I went, but found I was not wanted—I returned to the Coach and Hones and saw Kirby on top of the prosecutor—I met on my way back to the house one of the two other men—I do not know which.</p>
<hi rend="italic">Cross-examined.</hi> I left three men in the bar, but only found two there when I came back.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-172" type="witnessName">
<interp inst="t19050109-name-172" type="gender" value="male"/>
<interp inst="t19050109-name-172" type="surname" value="WALKER"/>
<interp inst="t19050109-name-172" type="given" value="ROBERT"/>ROBERT WALKER</persName> </hi>. I live at 116, Kemp Road, and am a public-house manager—on January 6th, 1904, I was the manager of the Coach and Horses, Stonebridge—I remember that date—about 8 p.m. I was in the saloon bar when the prosecutor came in—the prisoner and two other men were there and Mr. Parker when I went to supper—I have known the prisoner for five years or more—he and the two other men were to
<lb/>gether, but I did not notice whether they spoke to one another—while at supper I felt a bit dizzy—I had had some beer in the bar about ten minutes before—I came back to the bar, but it was empty—I did not hear any disturbance—there were about five people in the bar when I went in to supper—I had not seen the prisoner with Kirby before that occasion.</p>
<hi rend="italic">Cross-examined.</hi> I had seen the prisoner at Stonebridge once or twice before—I have known him mostly in the neighbourhood of Harrow Road, where I managed a public-house for some years.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-173" type="witnessName">
<interp inst="t19050109-name-173" type="gender" value="male"/>
<interp inst="t19050109-name-173" type="surname" value="JULIAN"/>
<interp inst="t19050109-name-173" type="given" value="EDWARD"/>EDWARD JULIAN</persName> </hi>. I used to be barman at the Coach and Horses—I remember January 6th, 1904, about 8 p.m.—I saw something dropped by Kirby in Mr. Walker's beer—I attached no importance to it at the time—when Mr. Walker went to supper, there were in the bar the prose
<lb/>cutor, Mr. Parker, the prisoner and two others—I had known the prisoner before by sight, but not Kirby or Bray—I did not see Mr. Parker leave</p>
<xptr type="pageFacsimile" doc="190501090052"/>
<p>the bar—I think when he left, there were two men there—I cannot say when the third left, because I was running about the bar serving.</p>
<hi rend="italic">Cross-examined.</hi> I heard a noise, and on looking round I saw Kirby and Bray knocking the prosecutor about—I did not notice anybody else—Bray and Kirby were both strangers to me in January, 1904—I now know their names.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-174" type="witnessName">
<interp inst="t19050109-name-174" type="gender" value="female"/>
<interp inst="t19050109-name-174" type="surname" value="CLYDE"/>
<interp inst="t19050109-name-174" type="given" value="LOUISA"/>LOUISA CLYDE</persName> </hi>. I am the daughter of Mr. Thomas Clyde, licensee of the Junction Arms, Willesden—I have since heard there was a robbery on January 6th, 1904, at the Coach and Horses—I recognise the prisoner as one of our customers—I saw him with two other men examining a coin or a gilded medal—I did not know the other two—it was on January 6th, 1904, between 9 and 10—I remember going to tell my father, thinking it looked suspicious.</p>
<hi rend="italic">Cross-examined.</hi> I do not always go and tell my father when I see people looking at a coin—I do when I think it suspicious—it does not often occur—I did not give evidence against Kirby; I was ill in bed—I have known the prisoner as a customer at our house.</p>
<hi rend="italic">Re-examined.</hi> I remember Kirby being charged—nobody came to me about giving evidence.</p>
<hi rend="smallCaps">GRAVES</hi>. I am a registered medical practitioner—I ex
<lb/>amined the prosecutor on January 10th, 1904—I found contusions on his face and mouth, and four teeth knocked out—he seemed to have been pretty severely knocked about.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-175" type="witnessName">
<interp inst="t19050109-name-175" type="gender" value="male"/>
<interp inst="t19050109-name-175" type="surname" value="SPENCER"/>
<interp inst="t19050109-name-175" type="given" value="ERNEST"/>ERNEST SPENCER</persName> </hi> (
<hi rend="italic">Detective-Sergeant X.</hi>) I received a warrant for the prisoner's arrest on January 13th, 1904—I arrested him at Wakefield on December 17th last—I read the warrant to him—he said, "I was not there when it was done, and did not have any of the proceeds"—I brought him to London, where he was charged—he made no reply when the charge was read over to him—afterwards he said, "If you catch Bray, lock him up and throw the key away. If it had not been for him I should not have been in it."</p>
<hi rend="italic">Cross-examined.</hi> He was charged with being concerned with others in robbing Mr. Buck—the others were mentioned by name, Kirby and Bray—the warrant was read over to him at Wakefield.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-176" type="witnessName">
<interp inst="t19050109-name-176" type="gender" value="male"/>
<interp inst="t19050109-name-176" type="surname" value="POLLARD"/>
<interp inst="t19050109-name-176" type="given" value="EDWIN"/>EDWIN POLLARD</persName> </hi> (
<hi rend="italic">Detective-Inspector X.</hi>) I met Spencer and the prisoner in London on December 17th—the prisoner knew me—he said, "Good
<lb/>evening, Mr. Pollard"—I said, "Good-evening, Price; we have got you safe at list after all this long time"—he replied, "Yes, I fell soft or else you would not have had me. I was dragged on the railway station at Newcastle and you sent there for the police, told the Magistrates there about this job, but you have not got another man, Jack Bray, yet"—I said "No, I wish we had"—he replied, "I was a mug to have gone with them to Stonebridge Park; I ought to have gone anywhere but there"—on the way from Euston to Willesden he said, "I did not clear out of London directly after in consequence of the alarm, and was near the Old Bailey when the
<hi rend="italic">kid</hi> got his time" (the
<hi rend="italic">kid</hi> being Kirby) "and I read about the job in the papers, but I wish I had given myself up instead of running away. I was a mug; I did not hit the old man, neither did I</p>
<xptr type="pageFacsimile" doc="190501090053"/>
<p>have the 6s. 8d. which they say I had. Neither did I touch or put any
<lb/>thing in the drinks or see it done, but Jack was wicked enough for any
<lb/>thing. I was outside the
<hi rend="italic">boozer</hi> when they touched Buck, and we were coming away when the
<hi rend="italic">hid</hi> came running after us. I said, 'What are you running for?' He said, 'Nothing,' and I said no more, and we all came away. I heard Bob Walker had supper and became ill, but Jack is wicked enough for anything; catch him and lock him up safe and throw the key away. How shall I get on? I expect I shall get more with my
<hi rend="italic">brief</hi>, but if you get Jack they may do him to rights. He deserves to be double-punished; I wish I never had seen him"—I said, "I don't know what you will get, but I expect you will be committed for trial at the Old Bailey"—"Well," he said, "I must put up with it. I was a
<hi rend="italic">mug</hi> to have gone with them"—he was charged, but made no reply.</p>
<hi rend="italic">Cross-examined.</hi> The word "brief" is slang for history—the prisoner goes about race-courses—he has had three months for gambling and three months for loitering—prior to that he was a respectable costermonger for years—he has never been charged with felony before—I have known Bray for nineteen years—I should like to see him—I should like to lock him up and throw the key away—he is one of the worst ruffians there is that follow race meetings—he is a very different man to the prisoner—I never saw Kirby before he was arrested.</p>
<hi rend="smallCaps">
<rs id="t19050109-138-verdict-1" type="verdictDescription">
<interp inst="t19050109-138-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-138-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t19050109-138-punishment-27" type="punishmentDescription">
<interp inst="t19050109-138-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-138-punishment-27" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-138-19050109 t19050109-138-punishment-27"/>Six month's hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19050109-139">
<interp inst="t19050109-139" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-139" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-139-charge-1" targOrder="Y" targets="def1-139-19050109 t19050109-139-offence-1 t19050109-139-verdict-1"/>
<persName id="def1-139-19050109" type="defendantName">
<interp inst="def1-139-19050109" type="gender" value="male"/>
<interp inst="def1-139-19050109" type="age" value="38"/>
<interp inst="def1-139-19050109" type="surname" value="THEO"/>
<interp inst="def1-139-19050109" type="given" value="PERCY"/>
<hi rend="largeCaps">PERCY THEO</hi> (38)</persName>
<rs id="t19050109-139-offence-1" type="offenceDescription">
<interp inst="t19050109-139-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19050109-139-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Unlawfully attempting to break and enter the shop of
<persName id="t19050109-name-178" type="victimName">
<interp inst="t19050109-name-178" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-139-offence-1 t19050109-name-178"/>the Cabins, Limited</persName>, with intent to steal goods and moneys therein.
<hi rend="italic">Second count</hi>, unlawfully being in possession of an implement for house breaking.</rs> </p>
<hi rend="smallCaps">MR. P. GRAIN</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19050109-name-179" type="witnessName">
<interp inst="t19050109-name-179" type="gender" value="male"/>
<interp inst="t19050109-name-179" type="surname" value="OWEN"/>
<interp inst="t19050109-name-179" type="given" value="CHARLES HENRY"/>CHARLES HENRY OWEN</persName> </hi>. I am housekeeper at 6, Old Jewry—the base
<lb/>ment there is occupied by the Cabins Restaurant—there is a staircase from there communicating with the ground—on Saturday, December 24th, at 8.55 p.m., I was coming out of the premises, when I saw the prisoner coming up the basement stairs—he walked across to Church Court—I followed him—when he got there he ran through the Court—I ran to the bottom of Old Jewry to Ironmonger Lane to see if I could see him—I did not see him—I came back and saw him again come up the steps of 6, Old Jewry, but on the other side of the house—he went through Dove Court—I saw him come out into Poultry—I told a constable, who caught him and brought him back to Old Jewry—the constable put his hand into the prisoner's pocket and took out a spanner—he said to the prisoner, "What have you done with the padlock?"—he said, "I never took the padlock off; my mate
<hi rend="italic">done</hi> that"—he was taken to the station—I had seen that the Cabins door was locked at 7 o'clock.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I saw nobody else there but yourself.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-180" type="witnessName">
<interp inst="t19050109-name-180" type="gender" value="male"/>
<interp inst="t19050109-name-180" type="surname" value="HOSLETT"/>
<interp inst="t19050109-name-180" type="given" value="CHARLES"/>CHARLES HOSLETT</persName> </hi> (687
<hi rend="italic">City</hi>). On Saturday, December 24th, about 9 p.m., I was in Old Jewry—I saw the prisoner standing at the corner—from information I received I went to the prisoner and took him back to 6 Old Jewry, to the basement door of the Cabins Restaurant—I asked</p>
<xptr type="pageFacsimile" doc="190501090054"/>
<p>him if he knew anything about the padlock and hasp—he said, No, 1 know nothing about it"—the padlock and hasp had gone—I felt in his coat pocket and took out this spanner—I said, "What is this?"—he said, "That is nothing"—I said, "What account do you give about the padlock and hasp?"—he said, "My
<hi rend="italic">pal</hi> took that off"—I asked him where his
<hi rend="italic">pal</hi> was—he said he did not know—I compared marks on the door with the spanner, and they corresponded—I took him to the station—on the way there he said his
<hi rend="italic">pal</hi> took it off.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-181" type="witnessName">
<interp inst="t19050109-name-181" type="gender" value="female"/>
<interp inst="t19050109-name-181" type="surname" value="MAYGOOD"/>
<interp inst="t19050109-name-181" type="given" value="NELLIE"/>NELLIE MAYGOOD</persName> </hi>. I am cashier at the Cabins Restaurant, 6, Old Jewry—I was told about somebody having tried to break in—I found nothing missing—there was no money kept there—the place was safely locked up.</p>
<hi rend="italic">The prisoner, in his defence, slated that he had to meet a gentleman who owed him money, at the Restaurant; that he did not come; that he (the prisoner) went to a public-house for a drink, and there met a man who told him to wait; that he loitered about waiting for him; and that he picked up the spanner in the street.</hi> </p>
<hi rend="smallCaps">
<rs id="t19050109-139-verdict-1" type="verdictDescription">
<interp inst="t19050109-139-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19050109-139-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony at this Court on January</hi> 5
<hi rend="italic">th</hi>, 1900.
<hi rend="italic">Nine other convictions and eight summary convic
<lb/>tions were proved against him.
<rs id="t19050109-139-punishment-28" type="punishmentDescription">
<interp inst="t19050109-139-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t19050109-139-punishment-28" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-139-19050109 t19050109-139-punishment-28"/>Twelve months' hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19050109-140">
<interp inst="t19050109-140" type="uri" value="sessionsPapers/19050109"/>
<interp inst="t19050109-140" type="date" value="19050109"/>
<join result="criminalCharge" id="t19050109-140-charge-1" targOrder="Y" targets="def1-140-19050109 t19050109-140-offence-1 t19050109-140-verdict-1"/>
<join result="criminalCharge" id="t19050109-140-charge-2" targOrder="Y" targets="def2-140-19050109 t19050109-140-offence-1 t19050109-140-verdict-1"/>
<join result="criminalCharge" id="t19050109-140-charge-3" targOrder="Y" targets="def3-140-19050109 t19050109-140-offence-1 t19050109-140-verdict-1"/>
<persName id="def1-140-19050109" type="defendantName">
<interp inst="def1-140-19050109" type="gender" value="indeterminate"/>
<interp inst="def1-140-19050109" type="age" value="25"/>
<interp inst="def1-140-19050109" type="surname" value="COHEN"/>
<interp inst="def1-140-19050109" type="given" value="HYMEN"/>
<hi rend="largeCaps">HYMEN COHEN</hi> (25)</persName>,
<persName id="def2-140-19050109" type="defendantName">
<interp inst="def2-140-19050109" type="gender" value="male"/>
<interp inst="def2-140-19050109" type="age" value="29"/>
<interp inst="def2-140-19050109" type="surname" value="RODSKY"/>
<interp inst="def2-140-19050109" type="given" value="ISAAC"/>
<hi rend="largeCaps">ISAAC RODSKY</hi> (29)</persName>, and
<persName id="def3-140-19050109" type="defendantName">
<interp inst="def3-140-19050109" type="gender" value="male"/>
<interp inst="def3-140-19050109" type="age" value="42"/>
<interp inst="def3-140-19050109" type="surname" value="SILVERHAMER"/>
<interp inst="def3-140-19050109" type="given" value="SOLOMON"/>
<hi rend="largeCaps">SOLOMON SILVERHAMER</hi> (42)</persName>
<rs id="t19050109-140-offence-1" type="offenceDescription">
<interp inst="t19050109-140-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19050109-140-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 219 dozen lace collarettes, ladies' bishops and other goods belonging to
<persName id="t19050109-name-185" type="victimName">
<interp inst="t19050109-name-185" type="gender" value="male"/>
<interp inst="t19050109-name-185" type="surname" value="KEMPINSKY"/>
<interp inst="t19050109-name-185" type="given" value="BARNETT"/>
<join result="offenceVictim" targOrder="Y" targets="t19050109-140-offence-1 t19050109-name-185"/>Barnett Kempinsky</persName> and others.</rs> </p>
<hi rend="smallCaps">MR. PICKERSGILL</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. GREENFIELD</hi>
<hi rend="italic">Appeared for</hi> Cohen.</p>
<hi rend="smallCaps">MR. TODD</hi>
<hi rend="italic">for</hi> Rodsky,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. HUTTON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. JENKINS</hi>
<hi rend="italic">for</hi> Silverhamer.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-186" type="witnessName">
<interp inst="t19050109-name-186" type="gender" value="male"/>
<interp inst="t19050109-name-186" type="surname" value="KEMPINSKY"/>
<interp inst="t19050109-name-186" type="given" value="BARNETT"/>BARNETT KEMPINSKY</persName> </hi>. I am a merchant carrying on business with two others at 36, Duke Street, Aldgate—we have a warehouse there of three floors—it is secured by a padlock on the front door—I left the premises secure on the night of December 22nd—on December 23rd I was the first person to go there, and found the door broken—I found that nearly all the lace boxes were empty—we missed ninety-six gross of cottons, 169 lbs. of thread, thirteen boxes of button hole twist and a large quantity of other articles, of the value of about £320—I communicated with the police—I next saw some of the missing property on December 28th at the police station—it was in sacks, and I identified the goods belonging to me—there is still about £140 worth missing—the goods at our warehouse are never kept in sacks.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-187" type="witnessName">
<interp inst="t19050109-name-187" type="gender" value="male"/>
<interp inst="t19050109-name-187" type="surname" value="JALON"/>
<interp inst="t19050109-name-187" type="given" value="MARKS"/>MARKS JALON</persName> </hi>. I am a partner of the last witness—the police showed me a sack—it is mine—it was safe in my cellar before the robbery.</p>
<hi rend="smallCaps">
<persName id="t19050109-name-188" type="witnessName">
<interp inst="t19050109-name-188" type="gender" value="male"/>
<interp inst="t19050109-name-188" type="surname" value="KRANTZ"/>