The Proceedings of the Old Bailey

 

  HALLETT, (Alfred 46, labourer),   BURDER, Richard (36, baker), and   JOHNS, Herbert (21, carpenter) ; Hallett and Burder, stealing six fowls, the property of   George Crook; Hallett and Burder, stealing five fowls, the property of   James Quainton ; Burder and Johns, burglary in the dwelling-house of   Robert Spary and stealing therein one paid of gold pince-nez and other articles, his property.

Hallett pleaded guilty to all the indictments.

Mr. Warburton prosecuted.

  GEORGE CROOK , Walthamstow. On August 24 I saw my fowls quite safe. On the 25th I identified six of them at the police station.

Constable   WILLIAM HART , 638, H Division, stationed at Walthamstow. About 3.10 on the morning of August 25 I was on duty in  Coppermill Lane, Wathamstow, when I heard sounds of someone getting over a fence. As I thought his pockets looked bilky I followed him. I afterwards saw his face. It was the prisoner Burder. As he turned the corner he slipped off the top coat he was wearing and ran away. I produce the coat. It contained seven fowls dead and warm. I caught Hallett, who made a statement about Burder. Burder was charged, and said, "You have made a mistake."

To prisoner Burder. I picked you out at the station from four or five others as being the man I had seen. I asked you to stand up no that I might see your legs, by which I also identified you. When I saw you in the lane day was just beginning to break.

Detective-sergeant   WILLIAM PHIPPS , Walthamstow, At 4.30 on the morning of August 25 I went with several other officers to prisoner's house, 90, Gladstone Road. Constable Button went round to the back and I went to the front door and knocked. I heard a scuffs. When I was admitted I found Burder detained by Button. I told him he would be charged with a man in custody with stealing fowls that morning. He replied, "You will have to prove it. I shall not go. Where is your warrant?" He was taken to Walthamstow Police Station and charged, and in reply said, "You have made a mistake." There was a feather on his cot near the top button.

To Prisoner. The fowls were in the charge room three or four yards from you. It is, of course, possible for feathers from fresh-killed fowls to be flying about, but I did not see any. There were feathers on the ground near the dead fowls.

Constable   WALTER BUTTON , 626 N. At five o'clock on the morning of August 25 I was on duty at the back garden of Burder's house. I saw Burder in the garden. When he saw me he ran indoors. I leaped over the fence and caught him in the house. I told him I should arrest him as being concerned with another man in stealing fowls. His trousers were saturated with water, there was a feather sticking to his button, and fresh grass on his shoes. The feather was on his coat before he went to the police station.

To Prisoner. If Sergeant Phipps caught you by then throat and nearly strangled you it was because you said you would not go out. There were have officers in all at the house—Sergeant Phipps. Sergeant Williams, and a constable in front, and myself and another constable at the back, but there were only two of us close to you in the house.

  ALFRED HALLETT (prisoner, on oath, called for the prosecution). I was found with five fowls in my pocket. I said to the constable. "All right, governor, but I do not see why I should have all the blame." I had been out of work a considerable length of time, and have a wife and several children and they wanted food. It was the prisoner Burder who was with me when the fowls were stolen.

To prisoner Burder. I have not been interviewed by a detective since I have been in Brixton Prison. No one told me that if I said you were with me my wife and children would be helped. I have seen no one, and have only received three letters from my wife, which I have in my pocket.

Verdict, H. Burder guilty of Larceny. The following evidence was given as to the charge of burglary.

  JANE MILLER , 4, Warwick Road, Chingford. The house in which I live is occupied by Mr. Robert Spary. At about 10 o'clock on the sight of August 12, when I went to bed the house was safely locked up. When I came down at seven o'clock the next morning I found the rooms downstairs in confusion and the kitchen window open, the catch of the window being broken. A large number of things were missing, amongst them two pairs of socks, one paid or shoes, and two pairs of stockins produced, which I identify. A cream jug and sugar basin were part of the missing property.

To prisoner Burder. I identify the socks by my darning. They are darned with black worsed. I identify the shoes by the way in which they are worn. I knew them directly I saw them.

  ROBERT SPARY . At 10.30 p.m. on August 12 I went to bed, leaving everything locked up. The last witness is my sister. In the morning I found the kitchen windown catch broken. The socks produced are mine without the shadow of the doubt. I could produce another paid so like that if they were mixed up you could not tell the difference.

To prisoner Burder. These are not ordinary socks that you can buy anywhere in London for 10 1/2 d. I gave 2s. 6d. a pair for them. The socks produced are not odd ones. The pair which were taken off you feet appear to have been washed. No changes have been rung. The shoes are the property of my niece, the daughter of the last witness.

  STUART ALFRED GEORGE , assistant to Robert George, pawnbroker, 162, Commercial Road. I produce a sugar basin and milk jug which were pawned on August 13 for 4s. in the name of Frederick Williams, of an address in Burdett Road, by the prisoner Johns. I had not known him before. Subsequently I went to the police station and picked him out from 13 others.

Detective   WILLIAM BRADLEY , Walthamatow. At 6.30 on the evening of August 25 I saw prisoner Burder at Forest Gate Police Station, and cautioned him. I said to him, 'I want to examine the pair of socks that you're wearing, as they answer the description of those stolen from 4, Warwick Road, Chingford, on August 13." He said, "I have had them in my possession three weeks. I bought them in Petticoat Lane." I afterwards showed them to Mr. Spary, who identified them as his property. I told Burder he would be charged with stealing a quantity of silver-plated goods, socks, and other clothing on August 13. He replied, "I do not know anything about it." In the evening I went to 90, Gladstone Road, Walthamatow, where Burder lives, and in the kitchen under the table found a paid of ladies' shoes. In a drawer in the dresser I found two pairs of black

stockings. In a drawer in the bedroom I found two pairs of brown seeks exactly resembling those that were left behind. I afterwards saw Burder and told him what I had found. He made no reply. On April 25, at eight o'clock, as I was leaving Burder's address, prisoner Johns walked in. I knew him quite well, and said, "Halloa, Johns, what do you want here?" He said, "I have come to see the missis." On the following day I saw him meet Mrs. Burder in Markhouse Road, just after Mrs. Burder had left the Police Court. I followed her to her address, and shortly afterwards Johns came in. I was there with Sergeant Phipps. I asked him to stay outside a few minutes. Mrs. Burder said, "I am mistress of this house, and he will go out when I tell him to go." When I searched Johns at the station on August 26 he said, "Do not think I have anything upon me; like the other 'cam.'" A "cam" I take to be a fool. "Just fancy him wearing those socks. He must have been a fool."

Detective-sergeant   WILLIAM PHIPPS , recalled. On August 27, at eight o'clock in the evening, I arrested prisoner Johns in High Street, Walthamstow. I told him he answered the description of a man who had pledged a milk jug and sugar basin in August 13 in Commercial Road, part of the proceeds of a burglary at Chingford. He replied, "I pawned nothing. I can prove where I was that night." On the way to the station he said, "You could not take me if I did not like to go. There is one thing, I am a thief and a good-hearted one, and when I get a 'bob' I share it amongst my pals." At 9.30 the next morning he was placed amongst the thirteen men and identified without hesitation by Mr. George.

To prisoner. I have said entirely what you said to me; nothing more.

Constable   WILLIAM JOHNSON , 555 N, Walthamstow. On August 28, at 9.55 a.m., I was in charge of Johns at the police station. He was formally charged with burglary and was waiting in the charge room. Prisoner said, "I joined the Salvation Army when I came out. They would not help me. I am not gone to starve. I know all about the job."

Prisoner Johns called Mrs. Johns, his mother, and Mrs. Johns, his sister-in-law, to prove that he slept at home on the night of the 12th, and did not get up till about eight o'clock on the morning of the 13th.

Verdict, Burder and Johns, both Guilty. All three prisoners confessed to previous convictions.

Sentences: Johns, Three months' hard labour; Burder, Three months' hard labour for each offence, the two periods to run consecutively. Sentence on Hallett postponed to the end of the Sessions, and his employer, Mr. Maunder, contractor, to be communicated with in the meantime.