Offence: Theft > stealing from master
Verdict: Guilty > pleaded guilty; Guilty > no_subcategory; Guilty > no_subcategory
Punishment: Imprisonment > penal servitude; Imprisonment > penal servitude; Imprisonment > hard labour
567. HENRY JOHN BRETT (21) was again indicted, with EDWARD LEWIS (67) and JOHN DEFRIES (51) , for stealing ten pairs of curtains and other goods, the property of Edmond Kahn, the master of Brett, to which Brett
PLEADED GUILTY .
MR. GILL Prosecuted; MR. WILLIS, Q. C., appeared for Lewis, and MR. LAWLESS for Defries.
HENRY JOHN BRETT (the prisoner). I was twenty-one years old last February—I was in the employ of Mr. Kahn, a furniture dealer, of St. Andrew's Street, Holborn, as junior warehouseman till April 21, when I was given in custody; I made a statement when I was arrested, and I have pleaded guilty to-day to this indictment—in November, 1890,1 was in Messrs. Copestake's employment, and was introduced to Lewis as Mr. Fredericks, at 110, London Wall—I went there to borrow £4—I told him where I was employed, and he sent his son round to see that I was in the employment—I afterwards borrower other sums of £1 and 30s., and gave promissory notes, and paid them by instalments—I left Messrs. Copestake's in October, 1891, and went into employment in St. Paul's Churchyard, and from there to Messrs. Kahn's on February 9th this year—I sometimes
fell behind in my instalments, and Lewis wrote to me about it, but I burnt nearly every one of the letters—these are some of the receipts which I paid to Lewis (produced)—from the time I first borrowed money of him I never got out of his debt—he said if I did not pay on the day it was duo ho would take my salary from Hunt's—I had signed this paper to that effect. (Assigning his weekly salary to Lewis as security for the loan)—I left Hunt's on February 17th, and Lewis gave me this. (A notice to Messrs. Hunt, withdrawing his claim on the salary)—before that I had received this memorandum. (To the witness from J. Fredericks, enclosing receipt far £1, and stating that he should require a further payment on Saturday, or steps would be taken which he would regret.)—at the time I went into Mr. Kahn's employment, Lewis had my promissory note for about £8—I signed the last promissory note on February 20th—I got 25s. a week at Kahn's—Lewis knew that; he always inquired what my salary was before he advanced me the money—I paid him 5s. a week from the time I went to Kahn's—at the beginning of March I went to Lewis to tell him I was at Kahn's—he came to see me there, and said he wanted a suite of furniture re-covered, and asked if I could bring him some samples of something to London Wall to show him—I took round a sample of saddle-bag and of red velvet—he said he did not care for it; he liked silk tapestry—I took some samples of silk tapestry to him, and gave him Kahn's price, 13s.—he said he would settle the price after he had shown it to his daughter—I called soon after, and he gave me an order for 8 £ yards, and showed me the one he had selected, and said, "What are you going to charge me?"—I said, "I have told you the price, 13s."—he said, "It will not cost you anything, so you can let me have it for about half that price; I don't suppose you will be found out"—I then told him he could have it for 8s. a yard—he would not have it at that price, and we finally agreed that he should have it at 5s. a yard—his son, aged about twenty-six, was present at some of the conversations—on a Friday, between two and three o'clock, I took him 8 1/2 yards of tapestry which I had stolen from my employer; I cut it off and took it from the warehouse, and gave it to him—his son was with him—he looked at it and said, "That will do," and wrote a cheque for £2 2s. 6d.—his son went with me to the bank, and I went in and endorsed the cheque, and received the money—the son waited outside for me; I gave him two shillings for himself, and gave him the gold to give to his father—whenever I borrowed money it was usual to give something to the clerk; I have given him a half-crown on some occasions—after that Lewis wanted some lace curtains, and I sent him round two pairs, and told him the price would be six shillings a pair, as far as I could judge, but there was no ticket on them—that was Kahn's price—he gave me this card with a black corner (produced) as the address to send them to, and I tied them up in paper and took them to the Great Western Railway Office, Holborn Circus, and sent them to 14, Beresford Road, Highbury New Park—he paid me 3s. 6d. for the two pairs—he said he was going to sell them to a friend, and that he wanted some more—I said, "We have not got any more of that kind"—he said, "Send me a sample of the nearest you have got to it"—I sent him a sample pair of Swiss curtains for which Kahn's price was 13s. 9d.; he paid me for them sometimes 3s. 6d., and sometimes 4s.—I sold him six pairs at 13s. 9d.—that went on till a
week or ten days before I was arrested—when I told him I had no more at that price he said two pair, more were all he wanted—J told him 15s. 9d. was the nearest; he told me to send him two pairs, and I did so—he paid me 4s. for them; these are them (produced)—after I had got all he said, "I don't suppose you will be found out, will you?"—he kept some of the money to pay my instalments—on 20th April Mr. Hallam spoke to me, and I went to London Wall with a detective the same day, and pointed out Lewis—his place is about a quarter of an hour's sharp walking from Mr. Kahn's place—I have known Defries getting on for three years—he has a second-hand clothes shop in Nile Street, Hoxton, four or five minutes' walk from my house—I told him on February 20th that I was employed at Kahn's, and should not require clothes any more—he asked me if I could send him something by Garter, Paterson, and Co., as he very often had things sent to him by them, and I could have the money when I called in the evening—I sent him two French rugs, for which Kahn's price was 13s. 9d. each; he gave me 5s. for the two—I afterwards sent him some silk curtains, price £5, for which he gave me sometimes 6s. and sometimes 10s.—I sent about three pairs direct to his house—I stopped sending them because he did not like the van driving up so often, and I sent some to my house, and he arranged what time he should meet me outside my house in the evening—he came there two or three times, and I brought down the parcels from upstairs which I had directed to my house, and gave them to him—they contained silk curtains—that went on up to, I think, the Tuesday before I was arrested—I recognise these silk curtains—Mr. Kahn's price for them is £5.
Cross-examined by MR. WILLIS. I first saw Lewis on November 9th—I went there because a man named Kennedy sent me a cutting out of the Telegraph—I was at Copestake's about ten months, and before that at Rotherham's, of Shoreditch, and before that at Simpson's in Queen Victoria Street, a furnishing warehouse—before that I was apprenticed to a grocer in Powis Street, Woolwich—I was not in monetary difficulties in November, 1890, but I wanted £4—I may have borrowed a shilling before that—I was nineteen then—he asked my age, and I told him my exact age—I was nineteen in November, 1890—I never told him I was of age—he asked my salary—he did not tell me I should have to go before a Commissioner, but I went—I had no Testament put into my hand—he did not read the declaration over to me—this is my signature, but the paper was not read over to me before I signed it—I did not say I was a clerk at Copestake's at a salary of £45 per annum—I told them £35, with board and lodging free of expense, payable monthly. (This staled, "Income from all sources £45")—I had nothing but my salary—I was getting £35, and I wrote "£45"; I was to have £45 if I was there two months longer—I never borrowed of anyone but Mr. Lewis, but I have other debts; I used to have an account with my tailor—if I did not pay, Mr. Lewis was to give Messrs. Hunt my assignment of my salary, and he sent it to them in February, 1892—they did not dismiss me upon that; I had given them notice before—I told Mr. Lewis I was going to have some money when I came of age; I gave him a charge on the legacy, and he wrote to my aunt; she lives at Hemel Hempstead—I have told the jury the full and true account of my dealings with Lewis—I was committed for trial here from Guildhall—I wrote a note to the solicitor the night before last, and saw Mr. Wontner's clerk yesterday
and Inspector Denning, who had taken me to Mr. Lewis—two warders were also present—I was in Newgate—the interview lasted an hour before dinner, and two hours after—something was written down in my presence—it was about March 8th when Mr. Lewis first spoke to me about goods—I first sent goods to Defries about March 4th—he had asked me as far back as February 20th to send them, that was to steal them—I did not lead him to believe that I would; I had no intention in my mind to steal—I first had the intention to steal when Lewis asked me for goods—I used to pass Defries' place nearly every day going home from business, but had not spoken to him about sending him any goods before the day I sent them—I sent him the first goods in March; on March 4th I became a thief—the first parcel of my stolen goods went to Defries—I cannot remember whether I sent him another parcel on the 7th—I went on some little time, but I cannot remember the dates—I first sent him two rugs; that was my first theft—he gave me 6s. for one pair of curtains, and 10s. for another—I sent him six pairs of curtains altogether: three by Carter, Paterson and Co., and three delivered to him personally at my home—that is seven distinct acts of stealing from my employers—I sent goods to a man named Chandler, a bricklayer, about two days before I was arrested; I sent him a pair of silk curtains like these—Defries introduced him to me some months before, and told me that he sold what I brought him to Chandler—I met him in Defries' shop, and agreed to let him have a pair of those curtains, and he had two pairs—I stole them, and got 10s. a pair for them, and spent the money on myself—I never took anything from any of my employers before March this year—I was discharged for intemperance at Hunt's—I do not remember going to the Fountain public-house, City Road, but I have been at the Green Gate plenty of times—I have met White in Nile Street, City Road, but not is Defries' shop—it was when I was going to Defries'—I have only known White this year—he had a pair of curtains—I sent the parcel to 31, Windsor Terrace, City Road, by Carter, Paterson and Co., from the Great Western booking office, about a month before I was arrested—Defries introduced me to White—I also sent a pair of silk curtains to J. C. Wernheim, at some gardens in Bayswater, about the end of March; I got two guineas for them—the price was £5 at Kahn's, but he did not know that—nobody introduced me to him; it was through an advertisement—he sent me three postal orders, two for £1, and one for 2s.—I think I spent it on myself—I have never sent goods on other occasions, or sold anything at a public-house, or to a person I met there—I think I have seen that gentleman (Lewis' son) at Mr. Lewis house; I cannot say that I have seen him at his office—I do not remember seeiog any patterns on the table at Mr. Lewis' office which I had not let him have—I do not remember taking up some patterns in the presence of Lewis and his two sons, and saying that my people dealt in such goods—I never said, If you want anything like this I can got them cheaper for you than you can, and that it would benefit me, as I should get a commission"—I never knew that I was allowed to have goods if I paid for them; I never asked—on the day before I was arrested, a little before four o'clock. I met Mr. Hallam coming upstairs; I had a parcel in my hand containing a pair of curtains—I told Mr. Hallam that it was a rug—that
was a lie—he is buyer and foreman to Mr. Kahn—I said that I was sending it home to my mother—that was another lie—he asked me if I had entered it, and I said yes, but I did not say, "Yes, in the appro. book"—Lewis told me he wanted the material to cover a suite of his furniture—I did not say that I had got a remnant—on Friday, the 11th, I brought the goods; I did not bring a pattern—I did not say that the pattern was a remnant of about 8 1/2 yards—Lewis did not say anything about haying curtains of the same pattern, but he said he should like a pair of the same, material—I said that the 8 1/2 yards would not be sufficient to coyer the suite and supply curtains—Lewis did not say in his son's presence that Swiss curtains would do as well, nor did I say that I would get some travellers' samples, which were only a little disturbed in the way of trade, and I could let him have a pair for 10s.; nothing of that kind took place—this pair of lace curtains have never been used as travellers' samples—young Lewis had lent me 1s. 6d. in the Angel public-house, and I gave him 3s. back for it the next day—I sent Lewis about five patterns of silk tapestry before I got the £2 2s. 6d.—I do not think I took him these patterns (produced) three days after I got the cheque—I won't swear I did not—I did not say I had got 16 yards of that which I could let him have, which would do for the suite and curtains—this is proper material for covering the suite and for curtains—I took the 8 1/2 yards to his office, not to his home; I am sure of that—I sent him a table-cover—I stole that—this is the first time I have given evidence—the table-cover I sent him was not returned to me; he gave me half-acrown for it; the price of it was eight shillings—he also had two rugs; I don't recollect anything else—I sold him a pair of guipure curtains before April 4th; they were never returned to me—he had two rugs from me: I do not know the dates—I had not a rug in my possession on April 20th—nothing at all was ever returned to me—Defries sold the goods through Chandler, who was examined before the Magistrate and discharged—when I was arrested I told the police that I had sent goods to White—I did not, on the very day I was arrested, produce a parcel containing a rug; I showed Mr. Hallam a rug which I had returned from my house to the business premises, but I had not taken one out of the place—that was another lie.
Cross-examined by MR. LAWLESS. I have known Defries about three years—I sold two or three. secondhand suits to him—I sold him some on the Saturday before I entered Mr. Kahn's service, and he then for the first time suggested that I should bring him articles—he did not say "thieve," but he said it in such a way that I understood I was to steal them—I was shocked at the proposition, and he told me he bought stolen property—'he said, "You can send by Carter, Paterson's"—I refused to do anything of the kind—I first had an intention of stealing after my interview with Lewis in March—I was an honest young man up to that time—a detective came to me on the 21st, and brought a list of names from the booking-office, and said, "You have sent parcels to those persons?" and I said, "Yes"—the curtains I sold at 6s. and 10s. a pair were worth £5 a pair—I sold lace ones for 3s. 6d. and silk ones for 5F; and 5s. 6d.—Defries lives at St. Mary Axe—I owed him about £3—I only sold him two old suits—I am giving my evidence to day in the interests of justice—I do not expect to get a lighter sentence.
Re-examined. When I was spoken to by the police I made a statement in the presence of the manager—Hunts gave me a character, upon which Mr. Kahn took me; I also gave Rotherhams, and Copestakes, as references—I was discharged from Hunt's, as I went there with another young fellow who had only been there three weeks, and we had taken too much—I was there three months, and at Copestake's two years.
By the COURT. This document was supplied to me by Lewis; this "payable monthly" is not my writing.
HENRY WILLIAM DOBB . I am a surveyor, of 110, London Wall—I let Lewis a room on the second floor there, in the name of Edward Lewis—I do not know the date—some time afterwards he asked if I would allow him to put the name of Mr. Fredericks up, and I said, "Yes"; but Lewis was the only man I saw—I speak to the handwriting on some of the documents produced.
ARTHUR HAWKINS .—I am cashier at the London Joint Stock Bank, Old Broad Street—Lewis had an account there in the name of Edward Lewis—on March 11th a cheque to Brett for £2 2s. 6d., drawn on Lewis, was cashed.
WILLIAM ARTHUR . I am employed at the Holborn Circus bookingoffice, Great Western Railway—I receive parcels and send them away—on 18th March I received a parcel from Brett to be sent to Lewis, of Highbury; another on April 4th, another on the 5th, and another on the 11th—on March 4th I received from Brett a parcel addressed to Defries, of Hoxton; another on the 7th, another on the 14th, addressed to Defries, City Road; and another on the 20th, for Defries, Shepherdess Walk; and on 23rd, 25th, and 28th March, parcels addressed to Brett, of the New North Road—all these entries are in my writing, and were handed by me to Carter, Paterson, and Co.
HENRY DOUGLAS . I am at the Goswell Road depot of Carter, Paterson, and Co.—on March 18th I received a parcel addressed to Lewis, of 14, Beresford Road, Highbury, and delivered it there on the 22nd; and others on April 4th, 5th, 6th, and 11th—I delivered them to a servant.
CHARLES HOWARD . I am in the employ of Carter, Paterson, and Co.—I received at the Goswell Road depot, some parcels addressed to Defries; I took them to the depot, where they were sent out for delivery.
BENJAMIN FOWLER . I am in the employ of Carter, Paterson, and Co.—on 4th March I delivered a parcel to the prisoner Defries, at 49, Nile Street, and others on March 7th and 14th, and on April 20th—they are signed for by Defries.
FLORENCE EMMA BRETT . I am the daughter of the last witness—I know Defries by sight—on Saturday afternoon, 26th March, I saw him outside my mother's house, a few doors down, between 2.30 and 3—I saw my brother go out of the house with a parcel and hand it to Defries.
JOSEPH HALLAM . I am buyer and foreman to Edward Kahn, of St. Andrew Street, Holborn, furniture dealer—Brett entered their service in February as junior warehouseman—he had access to the stock—on 20th
April I noticed him with a parcel in his hand, and spoke to him, and he answered me—he spoke to me again next day, and I went through some of the stock and missed some lace curtains—I communicated with the police and examined further, and missed seven pairs of silk curtains and eight yards of silk, and some guipure curtains—two pairs of the lace curtains were 16s. 7d., and two pairs 11s. 6d.—the silk ones are £5 a pair; this is a pair of them—the lace curtains had only come into stock in March, and the ticket was found upon them.
Cross-examined by MR. WILLIS. On 20th April, in the afternoon, I met, Brett on the stairs, and asked what he had got; he had a parcel under his arm—he said it was a rug he was sending home to his mother—I asked him what rug it was; he could not tell me; and I asked him if it was entered; he said, "Yes, in the appro. book"—I looked there and could not find it—that excited my suspicions—there is an objection to a young man having things for himself without the consent of myself or Mr. Middlemas—next day he produced to me a parcel which contained a rug—it was put back into stock—he told me it was the rug he had taken away on the previous day.
DANIEL DENNING : (City Detective Sergeant), On 21st April, about 11.30 a.m., I went to Mr. Kahn's, and saw Mr. Miroy, and Brett who made a statement to me, in consequence of which I went with him to 110, London Wall—the names of Mr. Fredericks and Mr. Lewis were on a plate—I left Brett outside with another officer, went into Lewis's office, told him who I was, and said, "The young man Brett is in custody for robbing his employers of lace curtains and other articles, and he alleges that you received several parcels containing lace curtains"—he said, "I have never received anything from him in my life"—I said, "He is downstairs; I shall send for him and confront him with you"—he said, "You can do as you like"—I sent for Brett, and said. "Is this Mr. Lewis?"—he said, "Yes; you have received two parcels of lace curtains from me"—Lewis said, "I remember receiving one pair; they are at my house"—Brett said, "You also received eight yards at 13s. a yard, and only gave me 5s., and paid me £2 2s. 6d. on the London Joint Stock Bank, and your son went with me, and I gave him 3s."—he said, "I deny it"—he was then given in custody for receiving ten pairs of curtains and a parcel of silk—on the way to the station he said, "I do not know whether it is more than two parcels I received"—I went to 14, Beresford Road, Highbury, and saw Mr. Lewis's son, and on the second floor, in a wardrobe, I found these lace curtains in a paper parcel behind some wearing apparel—I then went to Defries' shop in Nile Street, a secondhand outfitter's, and said to him, "Brett is in custody for robbing his employers, and he alleges that he sent you a parcel of silk ourtains, and a parcel previously"—he said, "I received a pair of curtains yesterday," and went upstairs and showed them to me—he said, "I know Brett; he has bought clothes of me"—he does not deal in curtains, it is all clothes—I took him to Snow Hill station, where he was charged, and said to Brett, "I have only received this parcel"—Brett said, "Yes, you have, and others"—Lewis said, "I repudiate the charge"—Defries said, "I have only received one parcel"—I went to Brett's house, and his mother handed me some receipts.
Cross-examined by MR. WILLIS. It is usual to confront accused persons in
that way, but I never took a prisoner with me before—Lewis did not say, "I never purchased so many in my life; I had one pair of him"—when Lewis' son came in he did not refer to the three shillings and say that it had been lent.
Cross-examined by MR. LAWLESS. I found Brett detained by the manager—he gave me Defries' name and address, and told me that Defries had had two or three parcels.
Witnesses for Lewis's defence.
EDWARD LEVY . I am a cabinetmaker and upholsterer, of 7, Newington Green Road, Balls Pond—I have been there eighteen months on my own account—before then I was a journeyman in the service of Mr. Emanuel, of Crown Street, Soho, for fourteen years, and I was apprenticed five years to him—the prisoner Lewis is my father, he lives at Highbury with my sister—my brother Bertie lives in St. Paul's Road—I sleep at 7, Newington Road; I used to have my breakfast, lunch, and dinner at home—my father has carried on business at London Wall for three or four years, but I was not concerned in it—the drawing-room furniture was moth-eaten; there were some small chairs and a couch, and two arm-chairs to cover, and I told my father in March to have them done before the warm weather set in; he said he would get some patterns at Rotherham's, and I called at his place in the City that day and saw some patterns of tapestry on the table; I looked at them, and the bell rang, and Brett came in; he spoke to my father; he took up one of them and said, "If you want any of these I can get them cheaper for you; my firm does these," and he said it might do him some good—my father asked him if he could show him any patterns; he said yes, he would come on Friday—this was on Tuesday, about March 8th—I went there on the Friday, and Brett came in and brought patterns of tapestry and silk, and said, "My firm hare a remnant of this, 8 1/2 yards; I can do it cheap"—I knew that eight yards would do for the suite, but I had not mentioned the quantity which would be required—he said, "I can do it at 5s. a yard"—he did not begin at 8s. and come down to 5s.; my father said he did not think the quantity would be enough, and Brett said that it would—my father said that he should like curtains to match, but I advised him not, but to have light ones—my father asked him to get the silk—he said, "I must ask you to give me the money first, as I have to pay for it before I take it"—my father directed my brother to, write out a cheque for the amount, which he did, and my father signed it, and handed it to Brett in my presence—as Brett went out he said, "If you want any light curtains there are a few pairs of travellers' samples; they are only a little creased, and I can do the 13s. ones at 10s., and the 15s. at 12s."—my father asked him to buy him a pair—it is not true that on the Friday the eight and a half yards were brought to my father's office; when the money was paid the material had not been brought—I first saw the remnant at home on the Friday afterwards; it came by Carter, Paterson's on Friday night, the 18th, the servant took it in; I was there when it was opened; I measured it, and found only eight and a quarter yards—I got it a few days afterwards, and covered my father's furniture with it at his house—there was only just sufficient; I had to join it—it is tapestry, silk and wool—I removed it to my place to be polished, and it was there when my father was given in custody—I did not take it away for any improper purpose, but because my father told me to—my
sister is not in good health, and is not able to come here—I remember another parcel coming to my father's house at dinner-time on April 4th; my father opened it—it was some cream guipure curtains—my sister said, "No, I do not want those; I want lace"—my father said, "As you go to Mecklenburg Street to-morrow you can return them, and say we want white lace," and next morning I took the parcel away, and on my way I saw Mr. Hart; he is a distant relation of my father, and lives at 2, Mecklenburg Street—I told him I was going to the City—he said, "I am going that way, I will walk with you"—we walked up Gray's Inn Road into Holborn, and I went into Mr. Kahn's in Andrew Street, leaving him outside—I asked for Mr. Brett, and said, "These are not the curtains my father wants; he wants white lace"—I returned the parcel, and Mr. Hart and I went on to Milk Street, Cheapside, where I left him—I do not remember the white curtains coming the same day.
Cross-examined. We have not gone by the name of Levy for the last fifteen years—I have nothing to do with the money-lending business—I do not sell anything, I mostly do repairing; I do not buy or sell—I was going to buy stuff to cover the furniture, but Brett said he could do it cheaper—I did not know who he was; I did not listen to the conversation about the money—my father said that he was employed close by, and told me to come on Friday to see whether there would be enough—if it had been cut off a piece I suppose it would have been worth 10s. a yard, not 15s.—there was no question about the price—I advised him that it was worth 5s. a yard—the cheque was paid before my father saw the bulk—my brother Albert went out with Brett—I knew the same night that my father was charged with receiving—I went before the Alderman, but did not give evidence—Mr. Graves took my proof after the committal—I heard the evidence at the Police-court—the furniture has been taken back from my place—I did not hear my father say that he had received nothing at all, or that he was not quite sure whether one or two parcels came—I have only two brothers; one of them I think is a solicitor's clerk.
Re-examined. My father has been kept in custody because the bail was put so high that he could not find bail, and I have had no opportunity of consulting him—I have had no interview with him.
By the COURT. I have seen my brother, but I have not talked to him about my father's case—the order for the tapestry was given at the second interview, by sample, in my presence, on the 8th.
ALBERT LEWIS . I live at 14, Beresford Road—at the time of this transaction I was living at 33, St. Paul's Road, Canonbury—my father started in the money-lending business in 1888—I went to America, and returned through ill-health, and joined him at London Wall as clerk—the names of Fredericks and Lewis are on the outside plate, because there are two other persons advertising as Lewis as money-lenders, and so the name of Fredericks was adopted—my father banked at the London Joint Stock Bank as E. Lewis—I am acquainted with the money transactions between him and Brett—on 8th March, as near as I can recollect my father and my brother Edward were in the office, and the bell rang; I went out to see who it was, and it was Mr. Brett—I went to my father and said, "Mr. Brett"—he said, "Let him come in"—he ought to have paid an instalment that day, but ho asked him to pay the last due—he took up some patterns,
off the table, and said, "If you want anything of this kind my firm do them; I can get them cheap, and it will do me a lot of good"—my father said, "If you can show me patterns at the same price you may do so"—Brett said, "I will, but I cannot for a couple of days, as we are busy, but if you can wait till Friday I will pay my instalment, and bring the patterns down at the same time"—he then left, and came on the following Friday, and paid me 10s., and then produced the patterns of tapestry—my father and brother both looked at them, and my father said, "If you can, do that one"—he said, "We have only a remnant of eight and a half, but being a remnant I can do it cheap, 5s. a yard"—my father said, "I don't think eight and a half yards will be enough"—I said to my father, "I don't know what you want the curtains for, we have always had white"—my father agreed to nave the eight and a half yards at 5s. a yard—it is not true that on that day the eight and a half yards were brought to the office—Brett said, "As I am only supposed to get them for my own relations I must pay for it before I get the goods; as you know I have not got the money; will you give me the money?"—my father directed me to write a cheque out, and I handed it to him, and he signed it, and I gave it to Brett—I had to go and see a man between one and two o'clook, and Brett said, "I will walk with you if you will walk with me as far as the bank; I will give you the 3s. you lent me; I am not going to buy the silk today, and I shall get my salary to-morrow"—he had borrowed 5s. on the occasion of the prosecutor's wedding to buy ties and gloves, and he repaid me—I have never charged him a halfpenny for interest—he came to the office again on the 14th, and I wrote the receipt for the 10s., and gave it to him—he said to my father, "As you are not sure the 8 is enough, I have brought you another of the same quality, but I can't do this at 5s.; we have a remnant at 16s. or 18s. a yard"—this is the pattern (produced)—my father decided not to have it—I first saw the 8 1/2 yards on the following Friday, the 18th; it came to my father's house by Carter, Paterson's—if Brett says that it was brought on Friday, the 11th, that is not true—another parcel was delivered at my father's house on March 22nd—I was at home when it came—my father opened it, saw that it was a table-cloth, and directed me to do it up and take it back next morning; I guessed it came from Brett—I had not heard of any order being given for it—I took it down to the office, and Brett came, and my father said, "You sent mo a table-cloth"—he said, "Yes"—my father said, "I do not want it," and handed it to him—I know that my brother was told to take the first curtains back, and on the 5th Brett came and said he had sent another pair, and had paid 10s. for them—a parcel containing a hearthrug came on the 11th—we had been to the synagogue, and it had been delivered—my father said he did not want it; and I did it up and took it to the office—next morning Brett came at eleven o'clock, and said "By accident I sent a parcel to your house directed wrong"—I handed it to him; and he went away with it—I did not remove my moustache to disguise myself; I do it every summer.
Cross-examined. I went to America at the end of 1888, and stayed nine months; I went there after my two brothers, and was laid up six weeks or two months—I stayed there nine or ten months—the offices were taken from Mr. Dobbs before 1890—I kept the book—there is a book
showing the transactions with Brett, but it is not here—he had from four to six loans, and gave from four to six promissory notes, but we have not got them all now—he has written letters, but I have not got them here—he told me where he was employed—he was paying instalments at the time he went to Kahn's—we threatened him in January that we might be forced to take steps which he would regret; to sue him—he owed us about £8 when he went to Kahn's—he got £4, and gave a promissory note for £7 10s.; of course we took the risk—I never saw silk or tapestry bought in London Wall before—it never occurred to me to walk round to Kahn's place; it never crossed my mind that he might be taking things which did not belong to him—my father did not offer less than 5s.; there was no haggling about the price—I never saw any invoice—I do not mean that my father was doing this without my knowledge; but I am not responsible; I never gave it a thought—I did not attend at the Police-court—I knew no evidence would be given till my father was committed—I have only visited him once since his committal—my brother has seen him—my proof was given directly the thing occurred.
Re-examined. I had given my account before Counsel was instructed; that was a week ago—I heard that the patterns on the table came from Rotherham's.
BENJAMIN HART . I have lived at 2, Mecklenburg Street ten years—I am Lewis's second cousin—early in April Edward Lewis called on me about 10.30 a.m. by appointment on, a matter of business—we then walked to Holborn—he had a brown paper parcel with him, which he took down St. Andrew's Street and returned without it—he then walked with me to Cheapside till I turned up Wood Street, and we separated—I was at Mr. Lewis's office early in March about a monetary transaction of my own, and Brett called, but I did not hear his name—Mr. Lewis said, "You have not sent me on that silk"—he said, "No; that is just what I have come about; I have a couple of patterns here, salmon coloured and pink, sixteen yards, but I cannot let you have it at the same price as what you ordered"—this is it—it was shown round, and the general opinion was that it was too light and would fade.
Cross-examined. It was handed round to Mr. Lewis and myself, no one else—I recognise Brett as the young man—when we took the walk Lewis went to a corner, and I saw the name of Kahn; I very often pass the place—he said he was going to leave a parcel there—one of the sons asked me about it two or three weeks back when the charge was made—I said I did not know then that he said something had been returned; I never troubled myself till last Monday—I was glad to come—I am a picture and general dealer—I think this is silk and wool.
Re-examined. I said I did not go to the solicitor's office till Monday; I mean Monday week.
LEWIS GUILTY .**
He then PLEADED GUILTY to a conviction at this Court in the name of Edward Laurence Levy on May 31, 1879— Five Year Penal Servitude.
DEFRIES GUILTY . He received a good character—Three Years Penal Servitude.
BRETT— Three Months Hard Labour.