The Proceedings of the Old Bailey

 

  HYDE, William John (37, grocer) ; feloniously receiving 59 cheeses, the goods of   Eliza Wells and Son, Limited, well knowing them to have been stolen.

Mr. Purcell prosecuted; Mr. Leycester defended.

  JAMES PARTRIDGE , cheese buyer: 'J. D. Link and Sons. Central Market On July 16 I bought 69 cheeses at Messrs. Delcomyn, Tooley Street, of three marks—28 boxes "Superb Blossom 19," 18 boxes "Canadian Produce D 115," and 23 boxes "Canadian Produce D 120," for £112 6s. 1d. I bought them from samples of three fives which I tasted. Ten were to be delivered direct from Tooley Street, and the remaining 59 by Eliza Wells and Son, Limited, on July 18. On July 30 I saw 43 boxes which I believe to be part of those I purchased, by the marks which I identify, and ten other boxes which I identify. Some of the marks had been scraped off and "Peggy brand" put on.

Cross-examined. What I bought were all Canadian cheeses—they differ in quality. I only saw 15 boxes when buying.

I could not swear to cheeses from the taste. Provision merchants sometimes scrape off the brand and put their own brand on.

  FRANK MACPHAIL , employed at Delcomyn and Co., provision importers. On July 16th Messrs. Link and Son bought from us 28 boxes "Superb Blossom 19," 18 boxes "Canadian Produce D 115," and 23 boxes "Canadian Produce D 120" for £112 6s. 1d. Fifty-nine were to be collected in the Surrey Commercial Dock. We had only 19 more of "Superb Blossom 19," which we sold to Dicks, Carter and Ayles, and no other "Canadian Produce D 115" and "D 120." I do not know the Peggy Brand. Boxes produced had had the original brand erased, and "Peggy Brand" put on, but some have still the original factory mark left on.

Cross-examined. The price of this cheese varies from 40s. to 70s. per cwt. "D" is the shipping mark for the name of the consignee, Delcomyn, and would be used frequently. The number added is only used once in a season. The "D" might be used by other shippers.

  WILLIAM DAVIS , foreman, Eliza Wells and Sons, Ltd., carmen and contractors, Manor Lane, Rotherhithe. On July 18 I seat carman Baxter to the Surrey Commercial Docks for 38 cheeses and carman Patey for 28 cheeses. On their return Patey was sent with the 59 to Link and Sons. On July 30 I brought from prisoner's place of business 43 cheeses—19 "Superb Blossom," 11 of "D 115" and 12 of "D 120." On Aug. 3 I went to different places with the police and collected 73/4 cheeses in addition.

  JOHN MUMFORD BAXTER , carman to Eliza Wells and Son, Ltd. On July 18 I collected 31 cheeses marked "D 115" and "D 120" from the Surrey Commercial Dock, which were transferred to Patey's van.

W. D. Chapman and R.A. White, checkers, proved delivery of the 59 cheeses.

  HENRY PATEY , carman to E. Wells and Son. On July 18 I collected 28 boxes from the Surrey Commercial Dock and on my return to E. Wells and Son 31 boxes were transferred to me from Baxter's van. I then took the 59 cheeses to Link and Son and backed my van to their gateway, arriving there at 11 a.m. I went into the office to get the weight note and on my return my van was gone. The next morning the van was found without the cheeses.

  JOHN FAREBROTHER , Police-Constable, 376 Y. On July 18 about 10.15 p.m., I found a horse and van unattended in Allison Road, Harringay. and took it to the station.

  JESSE CROUCH , Detective-Inspector, City Police. On July 30, at 8.15 p.m., I went with other officers to 86, Lower Clapton Road. No. 86 is a barber's shop with a private door at

the side, and at the rear a ware room in which the prisoner carries on business as provision dealer. The prisoner entered the private door and I said to him "We are police officers, and are making inquiry about some cheeses that have been brought here during the last fortnight." He said, "Come in" We went into the ware room and I then pointed to two cheeses which were there, and asked him where he bought those cheeses from. He said, "Kearley and Tonge." I asked him how many he had bought during the last four weeks. He said, "Eight" I then said, "We are going into the basement. What have you got down there?" He did no, reply and we all went down to the basement. It consists of one large room about 12 feet by 14 feet, and there are three doors, one underneath the staircase where coals are kept, one to a sort of number room about 8 feet by 4 feet, and a padlocked door leading to a dark cellar 10 feet by 8 feet. The large room had a quantity of plumber's and builder's material in it. When I saw the padlocked door I said "Have you got the key of this." He said, "No; it does not belong to me, it belongs to a man in the City Road." At the same time he pointed to 2 pairs of steps with the words, "Helves, City Road," on them. I then forced the padlock from the door. He said, "You must not do that to other" people's property." I said, "I have done it" When the door was opened, I found 43 bores, each containing a cheese. I asked prisoner, "How do you account for the possession of these cheeses?" He said, "Well, it is like this. A van was coming along, the other day, and there was something wrong with one of the wheels, and the wife allowed the man to put them in here; but there, I have paid a fair price for them." I said, "Who did yon pay?" He said, "A man up the road in a public-house." I asked if he had seen him since—if he knew him. He said, "No." I asked him how he paid. He said, "In cash." I then told him he would be charged with receiving these cheeses well knowing them to have been stolen. He made no reply. I showed him the memorandum (produced), which I had found in the house on a file among other bills. "Memorandum from Newson and Co., Tooley Street, E.C., to Hyde and Co., Clapton. July 18, 1906. Please receive" and then what was 65 boxes of cheese was altered to "59." He said, "Yes, I know where you got that." He was taken to Hackney Police Station, and on being searched, there were found on him several keys, one of which fits the padlock on the cellar door.

Cross-examined. I have never seen the stamped invoice produced. I had with me Inspector Divall, Detective-sergeant Hine, Detective Smith, and three others. We all went down into the cellar. I think there were some other goods taken possession of by the other officers which do not relate to the

charge. I did not see anything but the cheeses in the cellar. There was some tea and other goods taken from somewhere in the basement. When I went there I said that the cheese I was inquiring about was a quantity of cheese that had been stolen. Prisoner said, "You can come in and have a look." When I asked him where he bought his cheese I referred to the particular cheeses in the wareroom. I may have asked him how many he had bought from Kearley and Tonge. I brought away one file of documents. There were others there. I produce member's card of the Southend Trotting Club, purchased July 18 and August 4.

Re-examined. I am clear that I asked him if those two were all the cheeses he had on the premises, and he replied, "Yes."

  HERBERT HINE , Detective-Sergeant, City Police. I went with Inspector Crouch and other officers to prisoner's home on July 30. In answer to Crouch, prisoner said, "I have no cheese anywhere else. Those are all I have," referring to the two on the warehouse floor. "I have only had cheese from Kearley and Tonge." We then went into the basement. Detective Crouch said, pointing to a cellar which was padlocked, "Who occupies that cellar?" Prisoner said, "The plumber." Crouch said, "Who holds the key?" Prisoner said, "I do not." Crouch then proceeded to force the door. Prisoner said, You must not break open another man's place." When the door was open Crouch pointed to 43 boxes of cheese which were there and said, "Whose cheese are these?" Prisoner said, "They are mine." Crouch said, "Where did you get them?" Prisoner said, "I bought them. I paid a fair price for them." Crouch said, "Who did you buy them from?" Prisoner said, "I do not know his name. It is like this: My wife took them in. A man drove up in a van and asked her to let him put them in the warehouse, as something had gone wrong with the wheel of the van." Crouch said, "When did you last see him—have you seen him since?" Prisoner said, "He came to me a day or two after and asked me to buy them, and I agreed to pay him 57s. a cwt.' Crouch said, "Have you paid anything for them?" He said, "Yes; I have paid him £20 and £10." Crouch said, "How?" Prisoner said, "Cash." Crouch said, "Where?" He said, "In a public-house up the road." Crouch said, "Where does he live?" Prisoner said, "I do not know." Crouch said, "Have you any receipt?" Prisoner said, "No." He was then taken into custody. In the same cellar I found a scraper or spokes have, and six stencil plates, including "W. H. and Co." and "Peggy Brand." In the same cellar were six or seven cases of sardines and some bottles of wine.

Cross-examined. I took notes at the time of prisoner's answers, not Crouch's questions, up to the time of the forcing of the door. Then I was in the dark, and I did not take notes

after the cheeses were found. I have no note of his saying that he had not got a receipt, or that he had paid the man in the public-house.

Detective-inspector DIVALL, J Division. I went into the premises before the prisoner came home. I searched for documents and found no receipt in the name of Newson for 59 boxes of cheese.

Cross-examined. I searched every part of the house for documents with the prisoner's wife.

Re-examined. I took a statement from prisoner's wife in writing and she signed it.

  STEPHEN CROOKSHANK , Detective, Metropolitan Police. I was at prisoner's premises on July 30. I produce invoice to Blott and Freer for ten cheeses which I found on the desk which the prisoner used.

  ARTHUR JOHN BLOTT , 8, Clarence Mews, Lower Clapton, provision merchant. I know prisoner, and during the last ten months have bought from him sugar and tapioca. In consequence of a message I received I called upon prisoner on July 23 and asked him about the cheeses he had for sale. He said, "Yes, I have some. I can let you have half a score at 57s. a cwt" I agreed to take the ten, and removed them on July 25. They were marked "W H and C peggy Brand." I sold them to different customers and gave their names to the police.

Cross-examined. I have known prisoner eight or ten years. He is fairly well known as a wholesale dealer.

  CHARLES WOOD , Detective, City Police, proved plan of the neighbourhood.

(Defence.)

  WILLIAM JOHN HYDE (prisoner on oath). I am a wholesale provision merchant, carrying on business at 86, Lower Clapton Road, and have been in business 20 years, during which time I have had no charge brought against me. On July 18 I was at Southend with Mr. Flood, Mr. J. Warman, Mr. Nethercott, a butcher of Hackney, and a number of other men that I know. The member's racing card produced is mine, and is punched on that date. I left Southend at 10.27 p.m., and arrived home at 12.50. As my wife was going upstairs she told me that some cheese had been left during the day, that a man had called and said something was the matter with his van, and she had given him permission to leave the cheese in our warehouse. The next morning I saw them in the warehouse. I got a letter at 8 a.m. on July 19, which I have destroyed, saying, "Re cheese left on your premises yesterday. As we think you are a buyer of cheese, would you purchase this particular parcel to save us taking it away at 58s. per cwt.—Newson and Co., Tooley

Street." Before I could answer the letter someone came about the cheese.

(Monday, September 17.)

  WILLIAM JOHN HYDE (prisoner on oath), recalled. A man called at about a quarter to ten, on July 19, and said had I made up my mind to buy the cheese that was left on my premises yesterday. I told him I had not thought anything more about it, and said, "I have your letter, it is true, but I have only just got up. In fact, I have not seen the cheese. I do not know anything about what you left." We then went into the warehouse and examined the cheese. I said I should not give so much as 58s. I offered him 56s., and he accepted it. We took the weights from the boxes. He produced some blank invoices, made out the invoice produced for £113 8s., and said, "How will you pay for them?" I said, "I cannot pay you today; I want the usual terms"—that is a month. He then said, "Well, give me something to bind the bargain." I said, "Will £10 do?". He said, "Very well." I paid him £10, and he wrote the £10 on the invoice, put a stamp upon it—balance £103 8s.—and said, "I will call at the end of the month for the balance." He then left and I have not seen him since. I put the receipt in the letter-rack in my private room upstairs where I keep all the invoices. The delivery note produced I never saw until the police showed it to me at Hackney Police Station on July 30 about 10 p.m., and said to me, "You know this paper?" I said, "Yes, you got it off the file." The cheeses remained in the warehouse until Friday, 20th, when I instructed my man to take them into the cellar, where they were found. I let out part of the basement to Lewis, of Atherton Road, plumber. I sold ten cheeses to Blott, two to Warman, and four to other customers. I took off the brand and marked them with my "Peggy Brand," which I have used for 12 years. The marks of those in the cellar had not been touched. On July 30, when I returned from Stratford, a number of police-officers were at my place. As I got out of the trap they stood round me and said, "Are you Hyde?" I said, "Yes." They said, "We are police-officers. You will have to come with us." I said, "Oh, indeed; you will let me put my pony away first." We went into the warehouse, and they pointed out some cheeses which were standing close to the counter and Detective Crouch said, "Where do you usually buy your cheese from?" I said, "Kearley and Tonge." He then said, "Are these all the cheeses you have from Kearley and Tonge?" I said, "Yes." I believe he said, "How many have, you bought from Kearley and Tonge?" I said, "About eight during the past month." We went into the basement. Crouch asked if I had the key of the

front cellar. I said, "No," as I did not think I had it on me. He was in the act of breaking the door open when I said, "Do not do that." He had already broken the staple of the padlock off. He went in and said, "How do you account for this cheese?'" I said that a man had met with an accident and had asked my wife to let him put the cheese in the warehouse until the next day. He then said, "Do you know these cheeses have been stolen?" I said, "No, I do not. I have paid a fair price for them." He said, "We shall have to arrest you." The key of the cellar was found on me. I did not know I had it, as it is usually kept upstairs. I told them the cellar was occupied by the plumber—not the part that is locked—that is occupied by me, and we keep it locked. The receipt was obtained by my solicitor from my wife while I was in Brixton Prison.

Cross-examined. I thought I had had a transaction with Newton and Co. before, some years ago. I have never been to Tooley Street to see them. Had I been at home I should probably not have taken in the cheese. The man who came to see me was very business-like, and that took me off my guard. I did not tell the police I met him in a public-house up the road. I said, "He has only been here once," I was not talking to the police more than three or four minutes before I was taken to the station. The delivery note was not shown to me till 10 p.m., and I had never seen it before. The boy must have put it on the file when the cheeses were put in the warehouse.

  ADA ELIZABETH HYDE , wife of prisoner. At about 1.50 p.m. on July 10 a man banged at the door of the warehouse, and asked for Mr. Hyde, who was not in. He said he bad had a slight accident to one of the wheels of his van, and wanted to ask Mr. Hyde if he would allow him to leave hit goods there till he got another van. I told him Mr. Hyde was not in and I could do nothing in the matter. He then said he thought if Mr. Hyde was at home he would not mind his leaving the goods there, as he was afraid to go any further in case he had a breakdown, and he would fetch them in the morning. The man seemed in trouble, and, after a lot of hesitation, I consented to his leaving the things. He went away, and after a few minutes came back with a small black-covered one-horse van. I then told the boy Albert Storer to take them in. My husband came home at one o'clock in the morning, and I just mentioned to him that a man had left some cheeses.

Cross-examined. When Inspector Divall came, he asked me about it. He was there two hours before prisoner came home. He did not search the house—only downstairs. The police did not touch the files or books or letter racks in my pretence. Inspector Divall took a statement from me, which I signed. I said to him, "I know nothing of 59 cheeses that were delivered last Thursday week, the 18th inst., nor have I ever teen

them." He said to me, "You went round to the stable and fetched the boy." I said, "It is a he; I did not. I handed the boy the keys from the street door." Then I asked him if he would like to see the place. I was so confused I do not know what I did say.

  ALBERT STORER , 90,  Coppermill Lane. In July last I was in the employ of the prisoner. Mrs. Hyde gave me the key of the warehouse, and asked mo to take the cheese in. The man brought the cheese in find I stacked them up. The carman gave me the delivery note, and I signed a similar note. "65" boxes was altered to "59" by him. Two days afterwards I pot them in the cellar.

Cross-examined. The delivery note was already written in ink. I counted only 59 cheeses, and then the carman altered the note from 65 to 59. I put it on the file. I had never seen the man before. I left the prisoner of my own accord. I took some money that belonged to him, and went away before he found it out. I did not see a reward bill at Bishopsgate Street Police Station describing 59 cheeses and offering a reward for information. [Bill shown to the prisoner.] I did see that bill, and saw Inspector Crouch, and signed a statement giving information on July 30.

Three witnesses to character were called.

Verdict, Guilty; sentence three years' penal servitude; prisoner ordered to pay the costs of the prosecution.