CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 7TH, 1867.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 7th, 1867, and following days,
BEFORE THE RIGHT HON. THOMAS GARRIEL, LORD MAYOR of the City of London; Sir WILLIAM SHEE , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir ROBERT LUSH , Knt., one other of the Justices of the Court of Queen's Bench; THOMAS SIDNEY , Esq., and Sir ROBERT WALTER CARDEN , Knt., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; THOMAS DAKIN , Esq., SILLS JOHN GIBBONS , Esq., ANDREW LUSK , M.P., Esq., DAVID STONE , Esq., and WILLIAM JAMES RICHMOND COTTON , Esq., Aldermen of the said City; and THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTEAL CRIMINAL COURT.
GABRIEL, MAYOR. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 7th, 1867.
Before Mr. Recorder.
147. FRANCIS WILLIAM STEVENS (31) PLEADED GUILTY to feloniously endeavouring, to receive 10l. 10s. by delivering a forged invoice, with intent to defraud. His deficiencies were stated to amount to 1000l. In twelve months. He received a good character.— Six Years' Penal Servitude.
148. JAMES GARRETT YATES (40) , to three indictments for embezzling various sums amounting to 250l . The prisoner's deficiencies were stated to amount to between 700l. and 1000l.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
150. THEODORE WISLER (33) , to stealing four dozen pieces of sealskin of Joseph Loehl and another, his masters. He received a good character.— Confined Nine Months. [Pleaded guilty: See original trial image.]
ELLEN MURPHY . I am housemaid to Mr. Frederick Worsley, of 38A, St. George's Road—on the morning of 28th December, at past twelve, I was awoke by the police—I had heard a noise outside my bedroom door on the landing, and footsteps go downstairs—I went downstairs with the, police, and was present when the prisoner was found concealed up the kitchen chimney, he was pulled down by the police—the attic window was closed when I went to bed—I could not say it was fastened.
was on duty in the neighbourhood of St. George's Road—in consequence of information, I went to the top of a house, got out of the attic window, and traced marks to the attic window of 38A, which was open—I awoke the servant, called in a sergeant, and searched the house, and found the prisoner up the kitchen chimney, he had got up some little distance, his feet were hanging down; it took three of us to pull him down—when we got him down he pretended to be tipsy, but he was not.
Prisoner. I was out of work and starving; all I wanted was to get into custody, not to rob the place. I did not break into the place.
GUILTY .*— Confined Eighteen Months.
MR. GRAIN conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence.
JJOHN WACKETT . I am a fishmonger at Hatfield—on Wednesday night, 26th December (Boxing night), I was in a public-house in Holborn—I saw the prisoner and a man named Quick there—I betted a half-sovereign about playing the tattoo on the table with my fingers—I handed the half-sovereign to Quick, and he said I had lost and gave it to the prisoner—I said the bet was not decided fairly—he said, "Oh! come along with me; it is only a joke, I will give you your half-sovereign back"—I went out with him, he took me into some alley and passed his hand round my neck, threw me down, and put his hand into my right trousers pocket—I got up and hallooed "Police!" as well as I could, and as I was running to the top of the alley another one ran out and kicked me at the bottom of the belly, I did not stop to examine him, but kept on till I found a police-man—I missed 5s. or 6s. from my right trousers pocket; I could not say it was Quick who kicked me.
Cross-examined. Q. Had you been drinking? A. Yes, a little, I was not drunk, I might have had a dozen glasses of ale or beer, I had no liquor—I did not know the prisoner or Quick before—the tattoo is a tune that soldiers play—I had been ten years in the Herts military band—Quick was discharged by the Magistrate—I had five sovereigns in my waistcoat pocket—I might have taken them out when I put down the half-sovereign; the silver was in my trousers pocket, I had it safe in the public-house—the prisoner walked with me across the road to the alley, it was right opposite the public-house in Holborn, it was a dark place—the prisoner was taken into custody not above half an hour afterwards, I went with the policeman to several public-houses to find him—Quick was with him.
MR. GRAIN. Q. When you went out of the public-house, did the prisoner remain with you the whole time? A. Yes, he was on my right hand, close to me, I had not been out of the house many minutes before it was done.
FREDERICK CARTER (City Police Sergeant 37). I saw the prosecutor in Fetter Lane about three o'clock on the morning of the 27th December—he told me he had been robbed—I went with him to Farringdon Street—he pointed out the prisoner and Quick standing outside a public-house along with about a dozen others, waiting to get in—he said they were the two men that had robbed him—I took them into custody—I found on the prisoner a half-sovereign, a half-crown, 6d. and a halfpenny—he refused his address at first, but afterwards gave the address of his mother.
Cross-examined. Q. How far was the prisoner from where you first saw
the prosecutor? A. Nearly a quarter of a mile—the prosecutor had been drinking, but knew very well what he was doing—he said there were four men—he charged the prisoner and Quick with stealing money, he could not say exactly the sum, about 5s. or 6s. in silver—he said at the station there was a half-crown amongst it—that was after it had been taken from the prisoner—I was with the prosecutor twenty minutes or half an hoar before he found the prisoner.
NOT GUILTY .
MR. CARTER conducted the Prosecution, and MR. OPPENHEIM the Defence.
ELIZABETH MOSS . I reside at 7, John's Place, Stepney, and am an unfortunate woman—on the night of the 27th December, about half-past twelve, I was going into the Clyde public-house to have some beer—I saw the prisoner there, as I looked in at the door he took hold of my nose and twisted it—there were two more persons behind him, and the prosecutor was standing by the side of them—he came out first, and they followed him to the watering-place—the prosecutor said, "I am too artful for you,"—they shoved him into the watering-place—they stood there about two minutes, and came out again—there were four of them and a little boy—when they came out the prisoner said to the prosecutor, "We will see you home," and they got him into Nelson Street, on the left-hand side—I followed them—they put Mr. Watson on his back, and the prisoner knelt on his chest while the other two robbed him and got away—I saw their hands about his person—I was there because I wanted to give the prisoner in charge for twisting my nose—he stopped there till the two men got away, and then he went—I followed him, and when he got outside Nelson Street I held him by the tail of his coat and hallooed out, "Policeman," and a policeman came and took him back to the prosecutor.
Cross-examined. Q. Had you ever seen either of them before? A. No—I did not speak to the prisoner about pulling my nose before they followed the prosecutor down Nelson Street—I saw the prosecutor thrown down by the prisoner—I was close to them—I stood there all the time because I could not see a policeman—when the prisoner followed the other men I followed him—I had not hold of the tail of his coat three minutes when a constable came up—I think I told him about pulling my nose, but not before I said he had robbed the prosecutor—there was some gentleman who saw them go into the watering-place—I did not see any one while I had hold of the prisoner's coat—I was not speaking to any gentleman when they were in the watering-place.
MR. CARTER. Q. From the time the prisoner was kneeling on the prosecutor to the time the policeman came up, did you lose sight of him? A. No.
JAMES WATSON . I live at No. 14, Alma Road—I went to the Clyde public-house on the 21st December, about three o'clock in the afternoon—I went to receive some money in Richard Street opposite—I had been backwards and forwards before that, but when I went at three I stopped there—I came out to make water—I then had five sovereigns and two half-sovereigns in a purse, and some loose silver in my pocket—I know the prisoner—I had been several times with him in the afternoon—he had seen me come to fetch some drink for some friends—that was about twelve minutes or a quarter past twelve—he was in front of the bar, and he followed me out to the watering-place with two other men—I saw one of
them last night—they took me from there into Nelson Street, and then threw me down and got the purse out of my pocket—the person I saw last night was the person who took the purse from my pocket while I was on the ground—I took hold of the purse and got it away, and they bent my thumb back and got it back again—the whole of the money was taken away, and the pocket hung loose—in the afternoon I had taken a sovereign out and changed it, and they gave me half a sovereign out—I had 7l. 1s. in my pocket at first in the afternoon—they kept me on the ground several minutes, and I screamed "Murder" and "Police" as well as I was able—I cannot say I saw anything further until I saw the prisoner in custody—I was bruised about by the struggle—a policeman came up to me in Nelson Street and took me to the station-house, and there I found the prisoner.
Cross-examined. Q. When you first went to the Clyde, at three o'clock, did you have anything to drink? A. Not in the front of the bar, I went with a bottle to fetch a drop—one of the persons who was with the prisoner asked me to stand a pint of beer, and asked where I was going—I said to Limehouse, and they said they wanted to go there too—I said I could not tell what time I might go—we had about six half-pints of gin between five and six of us, not with the prisoner and the two men, they had no spirits with me—I drank several pots of beer with them—they said they had nothing to do, and asked me to give them a trifle for lodging, and I gave them 6d. each—when I left the house to go to the urinal I was not to say tipsy—I knew what I was doing—I could drive my horse and van home—I was not to say sober—I could walk up the street, but the prisoner and the two others took me up the street almost by main force—the prisoner knelt on me, and the man I saw last night took my purse, and the other held my legs—when they ran away they left me on the ground—I got up as soon as I could—I don't believe the policeman found me on the ground—I had two half-sovereigns and 4s. in my pocket when I got to the station.
THOMAS VENABLES (Policeman 141 K). On the morning of the 21st December, between twelve and one, I was on duty in Nelson Street, Commercial Road, within about sixty yards of the Clyde public-house—I heard a cry of "Police" and "Murder"—I ran up Nelson Street and saw the prosecutor lying on the pavement on his back—I saw the witness Moss running after the prisoner—I followed and took him back—I found the prosecutor in about the same spot where I had left him—he said the prisoner was one of the three that had robbed him—I took him to the Clyde, and asked the barman in his presence if the prisoner had been there with the prosecutor—he said yes, he had, and the prisoner said, "I have been here these two or three hours"—the prosecutor's pocket was hanging out, torn from his trousers—he had two half-sovereigns and 4s. about him, and a florin I found on the ground close to where he was lying.
Cross-examined. Q. When you came up to the woman was she holding the prisoner? A. I believe she was, she was close to him, saying, "I shall not leave you till such time as the policeman comes," and as soon as she saw me she hallooed" Police," and said, "This is one of the three that knocked the man down, you will find him lying round the street"—she said that before I asked any question—she did not say anything at that time about his having pulled her nose, she did just afterwards—she went with me back to where the prosecutor was lying—a man came out of a
house close by in his drawers, and he said, "That is not the man that robbed him; a shorter man, a pock-marked man, was the man that robbed him"—the prosecutor was very drank—he was taken to the station by another constable—he could walk—he did not say he did not wish to charge the prisoner—he said at first he knew him, and then he said he was one of the men that robbed him—he got up of his own accord.
GUILTY .— Confined Twelve Months. The Court ordered a reward of 40s. to the witness Moss.
NEW COURT.—Monday, January 7th, 1867.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution.
JOHN NICHOLSON . I am eleven years old, and live at 8, Unicorn Street, Poplar—on Thursday, the 20th December, I was at the Rum Quay, West India Docks, with a barrow, selling pudding and pea soup—McCarthy bought a pennyworth of pudding, and gave me a shilling—I gave him his change, and then tried the shilling with my teeth, and found it was bad—I called him back, and told him so—he gave me back the change and part of the pudding, and went away—English then came and had a pennyworth of pea soup—he gave me a bad shilling—I gave it back to him, and he paid me with a good sixpence—I gave him his change, and they both went away together—I had marked the shilling I received from McCarthy, with my teeth.
WILLIAM WEST (West India Dock Constable 6). On the 20th December, from information I received, I took the prisoners—they were walking and talking together—I had watched them for half an hour—a man named Mutton assisted me—I asked them what they were doing on the road—McCarthy said, "Nothing," and dropped from his right hand a bad shilling, which I picked up—I searched him, and found three sixpences and 5d. in copper, good—I showed him the shilling I picked up, and asked how he accounted for it—he said, "I received that at Fresh Wharf yesterday, where I was at work"—I asked English what money he had got about him—he took this purse from his pocket, pitched it on the desk, and said, "That is what I have got about men—it contained one shilling, two sixpences, and a halfpenny, good—I then searched him, and found in his waistcoat pocket these four bad shillings (produced)—they were then flat—I bent them in his presence, and said, "They are bad"—I asked him to account for them—he made no reply.
WILLIAM WEBSTER . I am inspector of coin to her Majesty's Mint—this shilling that was dropped is bad—these four found on English are also bad, and two of them are from the same mould as the one uttered.
McCarthy's Defence. I took it for my work.
McCARTHY— GUILTY .— Confined Twelve Months.
MESSRS. STRAIGHT and GRAIN conducted the Prosecution, and MR. WOOD the Defence.
ELIZABETH SHEFFIELD . My father keeps the North Pole public-house, Alfred Street, Millwall—the prisoner has used the house for a long while—on the 27th December I served her with half a gallon of ale, which came to 8d.—she gave me a shilling—I returned it to her, and told her it was bad; she gave me another, I bit it and bent it, and returned it; they both gritted—she then gave me another, and that was bad also—they were Victoria shillings—she then went away and returned with a good half-crown, and paid me for the ale.
Cross-examined. Q. What time was this? A. In the morning—she had been there on Christmas Day and Boxing night—this was the morning of the 27th—her husband was with her on the 25th and 26th and several friends, and they paid for several portions of the beer which was ordered—Collins, one of the barmen, was there on the 26th—he was there on account of my father being ill—I do not know whether the prisoner can see without spectacles—she lives a few doors from me—her husband is a navvy, and I believe earns good wages—the prisoner spends a good deal of money in our house—some one showed me five bad shillings on the night of the 26th—we have got them.
MR. STRAIGHT. Q. Did you see the prisoner in your bar on Wednesday night? A. Yes, that was the night I received the five bad shillings—I am certain she is the person who gave me the three bad shillings on the 27th—I handed them back to her after bending them—half a gallon of ale comes to 8d.
WILLIAM COLLINS . On the 27th December I was assisting at the North Pole public-house—the prisoner came in for half a gallon of ale, and put down a shilling—Miss Sheffield took it up, tried it with her teeth, and it bent—it was given back to the prisoner, who put down another—Miss Sheffield tried that with her teeth, and it was bad—the prisoner then put down another, and that was bad also—they were handed back to the prisoner, who some time afterwards came back with a good half-crown, and paid for the ale—we took five bad shillings the night before, and Mr. Sheffield gave me three of them to give to the constable—he could not find the other two—they bent easily, and I said to the prisoner, "You ought to be ashamed of yourself"—she said, "What has it to do with you?"
Cross-examined. Q. Why did she bite the shillings? A. Because we had a suspicion of the woman—she was not sure, because they looked so good—five men and five women were with the prisoner on Boxing night, dancing in front of the bar—I only know John Ward by his coming to the police-court—I do not recollect the prisoner ordering a quart of fourpenny ale on boxing night, and paying with a florin; but I cannot swear she did not—I did not give her a bad shilling in change—I gave change to nobody—I was not selling beer, only fetching it for the boy—I only waited on three young chaps—I had nothing to do behind the bar.
EMILY ANN LEVINGSTON . My father keeps a grocer's shop in Allen Street, Millwall—on 27th December I served the prisoner with some candles, which came to 4 1/2 d., she gave me a shilling, I gave her the change and she left—I tried the shilling directly she was gone and found it was bad—I kept it and gave it to the constable on Friday—I am sure it is the game—I did not lose sight of it.
Cross-examined. Q. Were you alone? A. Yes—I described her to the policeman—the shilling did not look bad, but it was bright and a little bent—I did not then know where the prisoner lived—she had dealt with us a fortnight or three weeks.
FEATY WATKINSON (Policeman 214 K). The prisoner was given into my custody on 28th December—I charged her with passing bad money—she gave me these two bad shillings—I also received a shilling from Miss Levingstone, and three shillings from William Collins, who marked them (produced).
MR. WOOD to ELIZABETH SHEFFIELD. Q. Did the potman take money for beer on any occasion? A. No, he brought money from the tap-room to the bar—I cannot say that he brought the bad money from the tap-room to the bar on Saturday night, or that he did not.
COURT. Q. Were you in the tap-room? A. No, the pot-boy brought the money to him, and he handed it to me—Collins's duty was not behind the bar—he attended the counter and tap-room.
COURT to WILLIAM COLLINS. Q. Did you go into the tap-room at all to receive money that night? A. No; I received one sixpence from the pot-boy that night, that was all—if Miss Sheffield says that I received money in the tap-room and brought it to her, that is not true.
MR. WOOD to ELIZABETH SHEFFIELD. Q. What is the pot-boy's name? A. George Jerratt, a boy of sixteen or seventeen—he has been there twelve months)—he received money in the tap-room—the prisoner paid this shilling at half-past ten in the morning.
Witnesses for the Defence.
JANE BURROUGHS . I am the prisoner's daughter-in-law, and was with her on Boxing night at the North Pole—my husband was with me, and Mrs. Matthews and her son, and the prisoner's four men lodgers—she lives across the road, at 7, Alfred Streets-John Ward, her brother-in-law, was also with us—I changed a florin of the little pot-boy, received 1s. 8d. change, and put the 1s. 6d. into my purse, and the 2d. in my pocket—it remained there till morning, when I asked the prisoner if she would go across to the North Pole and fetch half a gallon of ale—I gave her the money, but did not notice it—she came back and said, "The shilling you gave me is a bad one, and I took my frock up and got another shilling to pay for the ale and was told that that was bad, I then took another from my pocket and that was bad"—I had not seen her get any change at the North Pole, the night before, but after we returned to her house she went to fetch a gallon of ale, which came to 1s. 4d.—she had four shillings to pay for it, from four of us, one pot each, and she brought back the change and gave to each party—she has kept this lodging-house, at different times, for ten or eleven years—her husband is a navvy, in regular employment at the docks at Millwall.
Cross-examined by MR. STRAIGHT. Q. Where do you live? A. 47, Commercial Street, Rotherhithe—my husband is a deal porter.
JOHN WARD . I am a labourer, of Millwall, and am the prisoner's husband's brother—I was drinking with her and her husband and Mr. Burroughs at the North Pole on Boxing night, and saw her pay for a gallon of ale, she changed four shillings—I asked her to lend me 6d., she said she
had only got a half-crown—she changed that, lent me 6d., and put the 2s. in her pocket—I was with her till they shut up, but did not see her pay for anything more—she took the beer home to her house and the change—she changed the half-crown to lend me the 6d. because she had to take home the change of four shillings to the men who had given her a shilling a piece—if she had lent me that she would not have had change to give them, because she wanted 8d. a piece out of their shillings—I saw the two shillings which the young girl gave her, she put it in her pocket—I have known her since she has been married, she has kept that lodging-house about two months, it is a respectable house—she is as hardworking a woman as ever I knew in my life, I never heard a word against her—Mrs. Matthews was with me when the half-crown was changed.
SARAH MATTHEWS . I am a widow, I live at 5, Maynard Road, Rotherhithe, and take in lodgers—I was at the North Pole on Boxing night with John Ward and Mrs. Burroughs—the prisoner came in for some beer while we were there—I do not know anything more till next morning, when I saw Mrs. Burroughs give the prisoner a shilling to get half a gallon of fourpenny ale—when she came back she said the shilling was bad, and that she put her hand in her pocket and pulled out two more—she brought he ale back and Is. 4d. instead of 1s. 10d., as they had given her her change wrong, and she went for the 6d., and brought it back again—I have known the prisoner two years, I do not know the state of her sight, she does not wear spectacles that I am aware of—I live not far from her, and know her to be a respectable upright woman—her husband is a navvy.
Cross-examined by MR. STRAIGHT. Q. Had you been making rather a heavy night? A. We had been merrymaking, I only saw Mrs. Burroughs give her one shilling.
The prisoner received a good character. NOT GUILTY .
OLD COURT.—Tuesday, January 8th, 1867.
MESSRS. METCALFE and STRAIGHT conducted the Prosecution, and MR. PATER the Defence.
WILLIS CLARE . I am an inspector of letter carriers in the General Post Office—the prisoner was a letter carrier, and his district was Aldersgate Street—on 27th December I made up a letter, and enclosed in it sixty penny postage stamps in one piece, I marked each stamp—I addressed the letter to Mr. Jones, bookseller, 91, Aldersgate Street, E.C.—two other letters were also addressed to the same person—I gave them to Crocker, a police officer attached to the Post Office, with instructions to post them—they would arrive at Mr. Jones's about eight next morning—it would have been the prisoner's duty to deliver them—I saw the prisoner on the morning of the 28th, a little after eleven—I asked him if he had had any letters for Mr. Jones, 91, Aldersgate Street—he said he believed he had, he had delivered all that he had—I told him that one letter was missing—he said he knew nothing about it, he had delivered all he had received—I then told him that it was one with sixty penny postage stamps in it—he
said he knew nothing about it—he was then detained—some time afterwards I went to the receiving house in Aldersgate Street kept by Mr. Purvis between two and three the same day—I there saw the youth Mayo, who handed me some postage stamps, I don't know exactly how many, there was a large quantity—I examined them, and among them found the sixty that I had placed in the letter addressed to Mr. Jones; they were still in one sheet—I then returned to the Post Office, and the prisoner was asked in my presence if he had seen anything of the letter addressed to Mr. Jones that was missing—he said he had not—he was asked if he had sold any postage stamps that morning—he said he had not—he was further asked, if any one said that he had, would that be true—he said no, it was not true, he had not sold any—Mayo was then sent for, and he said he had bought 13s. worth of postage stamps of him that morning, that he had placed them on a back counter, and they were the same stamps he gave me that he had received from the prisoner—the prisoner made no remark on that—he was asked if he wished to ask Mayo any question—I then gave him into custody—these are the stamps (produced)—I also received two letters from the constable, which are those I addressed to Mr. Jones, but not the letter that contained the stamps.
Cross-examined. Q. I believe the prisoner has been near upon ten years in the service of the Post Office? A. I believe he has—previous to that I have heard he was a soldier, and had served through the Crimea, and was in the enjoyment of a small pension—it was his duty to divide the letters between himself and two other letter carriers—it was about eleven in the morning when I asked him if he had had a letter with postage stamps; it was about one hour and a half or two hours afterwards, in the solicitor's office, that I asked him if anybody said he had sold any would it be true—I identified the stamps—I have only looked at four—the mark is reproduced by an acid—no mark appears until the acid is used—it is usual for persons at receiving houses to buy stamps of letter carriers or anybody.
GIDEON CROCKER . I am a constable attached to the General Post Office—on the afternoon of the 27th December Mr. Clare gave me three letters addressed to Mr. Jones, of Aldersgate Street—I posted them the same evening in the London district box at the E.C. office, the chief office—they would remain in the office, and would be taken out for delivery about half-past seven the following morning by the general post delivery.
Cross-examined. Q. Have you always been on good terms with the Prisoner? A. I don't think I have ever spoken to him till he was in custody—I never said that I would serve him out, I had no cause, I never spoke to him in my life—I put the three letters into the box together in the same state that I received them—I communicated at the time with Mr. Dun stall, the inspector on duty—he was not present when I put the letters into the box—he was somewhere near the box when they fell in.
WILLIAM GEORGE DUNSTALL . I am an inspector of letter carriers—about twenty minutes to eight on the evening of the 27th December I went to the letter-box of the London district, and took out three letters addressed to Mr. Jones, of Aldersgate Street—the last despatch of London district letters had then gone—I locked the letters in my desk till the morning—I took them about half-past five and placed them on the sorting table of the Aldersgate Street walk among other letters—I saw the messenger take them away and carry them to the prisoner's seat, at which he was sitting at the time—it was the prisoner's duty to divide them between himself and two others on the walk—it would be to himself that these three letters
should have been given—I did not see the prisoner leave the office—he left about half-past seven.
THOMAS JONES . I am a bookseller—I know the prisoner as delivering letters at my shop—I recollect on Friday morning, the 28th December, his coming to my shop—he delivered three letters to me—I afterwards delivered two of those letters to the constable Bingham—the other letter was from the country, a private letter—this is the envelope of it—I only received those three that morning—I did not receive any letter containing sixty postage stamps.
Cross-examined. Q. Were you at home where the letters came? A. Yes, they were all delivered at the same time.
FREDERICK WILLIAM MAYO . I am employed in the Post Office receiving house, at 142, Aldersgate Street—the letter carriers in that district come there, and have their cards signed after their delivery, to show the time they finish—on the morning of the 28th December I saw the prisoner there between eight and nine, and he had his card signed; this is it—the time marked is 8.35—he gave me 13s. worth of stamps—I bought them of him—I did not give him any money, because I had not sufficient in the till—I told him to come for the money afterwards—I put the stamps on the back board by themselves—I afterwards gave some to Mr. Clare—there was one sheet containing sixty, and a few more besides—I had broken some off—I only gave to Mr. Clare what I had received from the prisoner.
HENRY BINGHAM . I am a constable attached to the Post Office—on the 28th December I received two letters from Mr. Jones and the cover of a third—I produce them—I gave them to Mr. Clare—I afterwards searched the prisoner, and found on him 5l. 16s.
GUILTY .— Confined Eighteen Months.
MR. LILLEY conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence
THOMAS HILL . I live at 7, Hatton Street, Lisson Grove—I am a groom in the employment of Mr. Meacock—about two o'clock on the morning of the 27th December I was in the Edgware Road, going home—I saw the prisoner walking along—he stopped me and asked me to treat him—I objected and said, "Good night"—he followed me up till we came to a coffee stall—I had a cup of coffee there—he pushed me, and up with his fist, put his hand into my pocket, took out my handkerchief, and gave me two fearful blows on the nose and mouth, and knocked me down—I have had pains in my nose ever since—I saw him take my handkerchief out of my pocket—I got up and ran away and called "Police!"—I saw a policeman coming—I pointed the prisoner out to him, and he ran away as hard as he could—the policeman ran after him—he was taken about an hour afterwards—I have never seen my handkerchief since.
Cross-examined. Q. Do you mean that you were coming home from your work at this time? A. Yes, I was required to be out very late by my master—there was no one with the prisoner—the coffee stall was about one hundred yards from where I first saw him—the prisoner was standing close by me when I had my cup of coffee—I only had one cup—I don't know whether the prisoner had a cup—he did not have any with me—I did not see him have any—he had none whilst I was there (looking at a
man called Tom)—that man was not there; I swear that—I never saw him before—I was quite sober.
ALFRED URBEN (Policeman X 171). On the morning of the 27th December, from a quarter to half past twelve, I was on duty in the Edgware Road—I heard the calling of "Police!"—I ran to the spot, which was about 150 yards off, and saw the prisoner running) and the prosecutor running after him, bleeding from the nose and mouth—on receiving information from him I ran towards the prisoner—as soon as he saw me he turned short round the corner and escaped—I knew him by sight—I went to where he was lodging and waited there about an hour, when I saw him eome running home as fast as he could—I took him into custody—he asked what I wanted him for—I said, "I shall take you into custody for assaulting a man in the Edgware Road about an hour previous and robbing him of his pocket-handkerchief"—he hit me a violent blow on the nose—I did not see the man Tom—there was no one with the prisoner.
Cross-examined. Q. I believe he has incurred the displeasure of the police by assaulting them? A. Yes, many times—he has been fined a great many times.
FREDERICK HODGES . I am a gasfitter, and live at 32, Hawker Street—on the morning of the 27th December, about half-past two, I was standing by the side of a coffee stall on Maida Hill—I saw the prisoner strike the prosecutor in the mouth, and follow him up very close and keep striking him—I saw blood from his nose and mouth—the policeman came up shortly afterwards, after the prosecutor called out "Police!" and the prisoner turned round and ran away while the prosecutor was talking to the policeman.
Cross-examined. Q. Were you there when the prisoner came up to the coffee stall with the prosecutor? A. Yes, I saw him all the time they were there—no one else was at the coffee stall at the time.
THOMAS HILL (examined by the COURT.). I know the prisoner—I know the coffee stall on Maida Hill—I was with the prisoner at that coffee stall, and with the prosecutor—he had walked with me and the prisoner from Earl Street, Edgware Road—he came up to us and asked for a light—he seemed about half drunk—the prisoner said to me, "I am going to have a cup of coffee"—the prosecutor said, "I am going to have a cup as well"—we went up to the stall, the prosecutor called for three cups and would not pay for them—they had a bit of a row, and the prosecutor ran into the road hallooing out "Police," and I and the prisoner walked on the other side of the road.
Cross-examined. Q. Are you a friend or acquaintance of the prisoner? A. No, I had seen him before, and drank with him once or twice—I had a cup of coffee myself that night—the prisoner and prosecutor had a fight, and the policeman came up and caught hold of the prisoner, and the prosecutor said, "That is the man that hit me"—they were quarrelling who should pay for the three cups of coffee—there was a man serving the coffee, and a boy also was there—I did not see who paid—no one did while I was there—when the prisoner ran away the policeman caught him and let go of him again.
FREDERICK HODGES (re-examined). I did not see anything of this man—I did not serve the three cups of coffee, my brother did—I was washing up the cups for him—he served one cup to the prosecutor, and two to somebody else, strangers—we served one to the prisoner at the same time—there was a dispute about payment—nobody paid for it.
STEPHEN HODGES . I remember the morning of the 28th December—the prosecutor had a cup of coffee at my stall—I did not see anybody with him—I did not see the person Hill—I saw the prisoner, he came up about the same time as the prosecutor—the prisoner called for three cups of coffee—I only saw two persons—the prosecutor said he should not pay for them—I said I should look to the, prisoner for it, as he called for them—he said he would not pay, and he up with his fist and struck him in the face and knocked his hat off, and he fell—the prisoner followed him up and struck him again, and then he ran away and the policeman came up and ran after him—I did not see him take anything from him, I was busy attending to my stall at the time—I did not see the witness Hill there—I know him by sight—he was not there—I did not see him there—I did not see whether there were three cups of coffee drank, I was rather busy serving other persons—I hardly noticed who had the cups—I only saw two, the prosecutor and prisoner—I did not see whether the third cup was drank or not.
THOMAS HILL (the Prosecutor, re-examined). That man (Hill) was standing by at the time I had the coffee—I did not see him take any coffee—the prisoner ordered it—I paid for mine—the quarrel did not begin about who should pay—the prisoner wanted me to treat him and I objected—I saw him take the handkerchief out of my outside pocket—I saw the man Hill yesterday where I was taking my lunch, and he said, "Which one of you lost your handkerchief?"
THOMAS HILL (re-examined). I saw the prosecutor yesterday in a public-house over the way, and two policeman with him—I did not ask who had lost the handkerchief—I knew nothing about any handkerchief—I went in by accident, having a paper to appear here—I knew the prosecutor when he was door-keeper at the Metropolitan Music Hall, kept by Mr. Meacock.
NOT GUILTY .
NEW COURT.—Tuesday, January 8th, 1867.
Before Mr. Common Serjeant.
MESSRS. GIFFARD, POLAND and GRAIN conducted the Prosecution; MR. RIBTON appeared for Duck, and MR. DIGBY SEYMOUR, Q.C., for Taylor.
WILLIAM HENRY ADAMS . I live at Worcester, and am warehouseman to the prosecutors—goods are manufactured at Worcester and sent to London—on the 26th June I entered forty-four dozen ladies' black kid gloves, 8's, and saw them packed, and the case nailed down and placed in an enclosed yard, ready to be fetched away—the number of the case was 636—in the ordinary course an invoice would be made out and sent—this is it—before the 3rd August I had heard of the loss of some goods—on the 3rd August I made up a parcel consisting of twenty-nine and a half dozen
ladies' bright green kid, 7 1/4 to 8 1/2, and forty-five dozen of ladies' black kid, 6 3/4 to 7 1/4—they were enclosed and packed, and directed to the London house, and it went in the regular way—this is the invoice—the number of the case was 738—the prosecutors are very large manufacturers, and send goods to many places and abroad, and about the dates mentioned I was despatching many parcels of similar goods—all the gloves had the prosecutor's name on—we send all goods to Wood Street.
BENJAMIN DARK . I am warehousemen to the prosecutors—I send goods from Worcester to Wood Street—on the 16th August I sent a case of goods, twenty-five and a half dozen of men's piqué gold cape, 7 3/4 to 9 1/2—I saw the case packed and fastened, it was No. 786—this is the invoice—on the 28th August I sent a case, No. 809, of twenty-eight dozen of men's piqué coloured kid, 7 1/2 to 8 3/4, of which this is the invoice—I cannot say that the gloves shown to me are those stolen, but they correspond in make, size, colour, and name.
JOSEPH COULDREY . I am stationed as clerk in the receiving-room, Wood Street—on the 27th June I received a case from Worcester—I found a vacuum in it, and the paper was crumbled and pushed down at the side—I emptied the case, and took the goods to Weston, who examined them—on the 4th August I opened a case with Nichol, who examined it—on the 25th August I opened a case and found paper crumpled and pushed down, and a vacancy in it.
JOHN STEAD . I am manager of a department of the prosecutor's business—on the 27th June I received this invoice, and examined case No. 636, and missed seven and a half dozen ladies' black kid 8's patent make—the wholesale price of these to the trade is 38s. 6d. a dozen, coming to 13l. 10s.—they were all stamped Dent and Company's patent, and had "D" on the buttons—on the 24th August I had this invoice—I saw case No. 809 opened, and the goods taken out and carried into the proper department to Weston, I believe.
JOHN NICHOL . I am assistant to the prosecutors—on the 4th August I examined case No. 738, with this invoice before me, and missed three dozen of 7 3/4 ladies' bright green kid, two dozen 6 3/4 ladies' black kid, and one dozen 7 1/4 ladies' black kid—the wholesale price of the green is 41s., and of the black 40s., amounting to 12l. 3s.—all were marked with the name and D on the button.
BRADLEY AMORE . I am a warehouseman at Wood Street—on the 17th August I received case No. 786—I checked the goods with the invoice, and missed two dozen men's 7 3/4 gold cape, second quality, two dozen 8's, and three dozen 8 1/4, the wholesale price coming altogether to 9l. 16s.—the name was not inside, they being second quality.
Cross-examined by MR. RIBTON. Q. I suppose there is scarcely a hosier in London that Dent's do not furnish gloves to? A. I should not like to go so far as that, but the majority.
FREDERICK WESTON . I am in the prosecutor's service—on the 29th August I received case 809—the goods were brought by Couldrey—I missed one dozen super 7 3/4, at 35s.; one dozen 8's; one dozen 8 1/4; one dozen 8 1/2; one dozen 8 3/4; two dozen 7 3/4, second quality; one dozen 8's; one dozen 8 1/4, and one dozen 8 1/2, coming altogether to 15l. 15s.
THOMAS GARDINER NINER . I live at No. 7, Red Lion Street, Clerken-well, and travel over London in the brace and garter trade—I sell to the different hosiers—I have known Taylor between three and four years—he carried on business in Little St. Andrew's Street, Seven Dials, where he
has a haberdasher's shop—I have sold him braces and garters—last July I went and saw him—he said, "I have got a job lot of goods which you can sell among your connection, Dent's kid gloves; I bought them of a person who took them for a bad debt"—he did not name the person—I asked the price, he said, "26s. 6d. for the black ladies' 8's," and I sold them and got what profit I could—at first I had two dozen—I sold to Hemming's for 30s., Lack and Kirapton for 31s. and 32s., and to Hall for 31s.—I also had golden cape men's kid, for which I paid 15s., and sold at 20s.—I bad two dozen ladies' green, at 20s. 6d., and sold them for 31s.—some I sold to Dale, some to Morris, some to Burrowes, some to Davis, some to Lewin, some to Toplin, and some to Rawkins—I know George Hook—he is a town traveller—I met him at Taylor's—I never sold gloves before, but it is not unusual for them to be so sold—gloves are sometimes sold under bankruptcies—I sold the gloves wherever I pleased—I considered the price I gave fair—after the sale of these gloves Taylor said to me, "I shall have some more gloves, but there is some suspicion that they were stolen, and I shall keep them and give them up to the police"—I had heard that some of the persons who bought the gloves had communicated with the prosecutor, and I told Taylor this, and it was afterwards that he said that—he said no more about where he got them from—two or three days afterwards the police came to me—I never dealt in kid gloves before—they appeared to me cheap
Cross-examined by MR. SEYMOUR. Q. Had you known Taylor before? A. Yes, he bears the character of an honest respectable man—it was about one o'clock in the day when I saw him—he said nothing to restrict me—I was to sell them where I pleased, and I took them among Dent's customers, whom I have travelled among thirty-eight years—I had not the slightest suspicion of anything being wrong—Taylor knew that I took them to Dent's customers, and said nothing to prevent me.
MR. GIFFARD. Q. What do you mean by travelling among Dent's customers? A. I sell them braces and garters—Taylor knew me—I have two children in his service—the fact is, the thing was left perfectly open—I sold them among respectable men, and if they had known it they would not have purchased them of me—all respectable hosiers deal with Dent's, and when I sold two dozen to Hemming I told Taylor.
EDWARD HEMMING . I am a hosier, of 14, Titchborne Street—on the 26th July I bought of Niner one dozen ladies' black kid, 8's, at 30s.—I produce eleven pairs of them—on the 18th August I bought of him thirty pairs, six of green 7 3/4, and twenty-four black 6 3/4—I produce five pairs of the green and thirteen pairs of the black; I gave 31s.—on the 30th August I bought of Niner twenty-four pair men's coloured cape, 23s. 6d., second quality—I produce one pair 7 1/2, thirteen pairs 7 3/4, and six pairs of No. 8—it is not unusual to buy gloves in such a way as this, and at the close of the season they may he had cheap—I never bought Dent's gloves of any other person but Dent except on this occasion—a man in the trade had some that did not suit him, and I bought some of him.
JOHN DALE . I am a hosier, of Upper Street, Islington—on the 30th July I bought of Niner one dozen ladies' black, 8's, at 31s.—I produce ten pairs—on the 21st August I bought of Niner six pairs gold cape, two pairs 7 3/4, one pair 8, and three pairs 8 1/2—I gave 10s. for the six—on the 25th August I bought of Niner nine pairs bright green ladies', 7 3/4, for 23s.—I produce them all—job and odd lots of gloves are sold sometimes.
30th July I bought of Niner one dozen ladies' black 8 3/4; I produce ten pairs; and on the 28th August eighteen pairs men's coloured cape, for 20s.; eight pairs of 7 3/4, nine of No. 8, and one pair of 8 1/2; and on the same day two and a half dozen men's coloured cape, 24s., six pairs of 7 3/4, six of No. 8, one dozen of 8 1/4, five pairs of 8 1/2, and one pair of 8 3/4—five pairs of the gold cape were soiled at the top, as if they had been in stock—these pairs I call blemished, and this pair soiled—it was very dark at the time.
GEORGE LONG . I am in the employment of Mr. Hall, a hosier, of Bishopsgate Street—on the 1st August I bought of Niner one dozen ladies' black 8's; I gave 31s.—I produce ten pairs—I bought them as a job lot—I believe one pair was imperfect.
PETER KIMPTON . I am a hosier, of Bishopggate Street—on the 2nd August I bought of Niner one dozen ladies' black kid 8's for 31s.—I produce ten pairs—on the 20th August I bought one dozen different sizes at 32s., black kid ladies'—I communicated with the prosecutors—Niner said, "I am selling them for a draper at the West End, who cannot get rid of them."
WILLIAM TAPLIN . I am a hosier, of High Holborn—on the 23rd August I bought of Niner one and a half dozen, six pairs of bright green ladies' 7 3/4, 31s., and one dozen gold tan, 7 3/4 to 8 1/2, 20s.—I produce four pairs of green and one pair of gold—Niner said, "I had them of Mr. Taylor, a linendraper in St. Giles's, a very respectable man; I hare two sons with him."
GEORGE HOOK . I am town traveller to Abbott and Co., of Cheapside—on, I think, the 26th July I was in Taylor's shop, and saw some of Dent's gloves—Niner was there—I had half a dozen pairs, which I sold to Bicknell—I went for some more, and Taylor said, "I cannot let you have them, as I have promised them to another man;" this was a week after the 26th July—I was at Taylor's when the detectives came in, and afterwards when I called again Taylor said, "I believe those gloves were stolen, as the detectives were inquiring about them; I bought them of a respectable man, who I have known all his life; indeed I think I went to school with him"—I saw Taylor show the detectives a receipt, which he took off his file—it was in business hours I got the gloves.
Cross-examined by MR. RIBTON. Q. How many detectives were there? A. Two—I got the gloves perhaps a month before that, not from Taylor or Niner, but from his principal in the shop—no gloves were shown to me when I went the second time, but I saw some on the back counter; I cannot say what quantity—he said that he believed there was something wrong about them.
COURT. Q. You said that Taylor said he believed the gloves were stolen, as the detectives were inquiring about them? A. I believe he said both.
MR. RIBTON. Q. Will you undertake to swear he said both? A. No, I believe he used the word "stolen," but I cannot remember—I left the detectives there, they were not examining the gloves.
Cross-examined by MR. SEYMOUR. Q. Did you understand him to give
his reasons about the gloves from the fact of the detectives being there? A. Yes.
MR. GIFFARD. Q. Did you leave the detectives there? A. They went up stairs with Mr. Taylor, and I left before they came down.
GEORGE DAVIS . I am a hosier, of Oxford Street—on 30th August I bought of Niner one dozen gold cape, 20s., six pair green at 31s., 7 3/4 to 8 1/2—I produce eleven pairs of gold and all the green, 7 3/4.
JAMES BURROWES . I am a hosier, of Oxford Street—on 24th August I bought of Niner two dozen gold cape, 20s., 7 3/4 to 8 1/2, half a dozen ladies' green, 7 3/4, at 31s., also three dozen gold cape, 7 1/4 to 8 3/4, at 24s.—I produce all the green and nineteen pairs of gold cape.
COURT to T. G. NINER. Q. You did not sell them in boxes? A. No.
JOHN MARK BULL (City Police Sergeant). On 3rd September I went with Niner and Brett to Taylor's, he keeps a haberdasher's shop in Little St. Andrew's Street, Seven Dials—I told Taylor we were two police officers, and wanted to speak to him respecting some gloves—I asked him if he had given Niner any gloves to sell—he said he had—I asked him where he got them—he produced a receipt, signed J. W. Turnbull, for 10l.—I asked him if he knew how many there were—he said he did not—I asked him who he bought them of; he said of a man he had seen two or three times in a public-house in Long Acre, and who he had known two or three months—I asked him if he knew his name or could find him—he said that he could find him another day—I believe he took this receipt off a file—I took it away—I went again next morning, and he asked me to look at the receipt to see if there were two signatures to it—I showed it to him, and he said that he bought them of a man named Duck, a carpenter, who he had known all his life and had done jobs for him, but did not know where he lived—we had an appointment at eight o'clock for him to produce Duck, and went but did not see him—I said to Taylor, "I thought Duck would be here"—he said, "I have not been able to find him, I have no doubt I shall find him—he went out to one or two public-houses and endeavoured to find him—I went again next day, the 5th, and Duck was sent for by Taylor—he came in about half an hour—that was the other prisoner—I told him we were two detective officers, and wished him to be candid in his answers—I asked him if he had sold a lot of gloves to Mr. Taylor—he said that he had—I asked him if the receipt was in his writing—he said that it was—I said, "Is your name Duck?"—he said, "Yes"—I said, "How did you come to sign Turnbull?"—he said, "Well, I was to have 1l. for selling the gloves; the man who I sold them for could not write, he said his name was Turnbull, and got me to sign 'Turnbull' for him"—I said, "Who is the man, what business is he, and where does he live?"—he said, "I do not know, I have met him two or three times at the Sun, in Gate Street, Lincoln's Inn Fields; he said that he had them from a party he did not intend to pay for them"—Duck told me he was a French polisher, and worked for Jackson and Graham, of Oxford Street, that he did not know the man's name, but that he was a young man about thirty-five, fair, with no whiskers—he wrote this description in my presence two or three days afterwards at the Sun public-house—(Read: "A man about five feet nine high, slightly dark complexion, no whiskers, dressed in black, and rather stout")—on Thursday, the 6th, from instructions
I received, I went with Brett to Taylor's and said, "You have got some more gloves that you have not given up"—he said, "I want none of Mr. Niner's humbuggery," and produced thirteen pairs of gloves—Duck was not present—I am not sure whether Brett had mentioned Mr. Niner's name—I asked Taylor if he gave all the gloves he had from Duck to Niner to sell—he said that he had, or made no answer; I will not pledge myself, as it is four months ago—I did not take Taylor then, I reported it to the solicitor. (Receipt read: "July 4th, 1866, Received of Mr. Taylor for a job lot of gloves 10l. J. W. Turnbull.")
Cross-examined by MR. RIBTON. Q. How many times did you see Taylor and Duck up to his apprehension? A. Five or six times—I think I saw Duck alone three times at the Sun, in Gate Street, up to 13th September—it was on the 5th that I first saw him at Taylor's—I also saw them together at Messrs. Hutching's office—Duck was apprehended by Roskelly, on 5th October—he told me where he was employed, and I pointed him out to Roskelly as he left his work—I have no doubt that he remained at his work at Jackson and Graham's the whole time—I had about three interviews with him—I went there because he said he would endeavour to look for the man—I gave him my card and told him if he did not come quickly to give him in custody and bring him to the Old Jewry to me—the Sun is an ordinary-sized public-house, and is frequented by working men—I went there once or twice when I did not see him—I did not go to Jackson and Graham's to see him—I understand he went to the Old Jewry to see me—that is my police address, and is on my card—I have no doubt he called once—I do not know who he saw—there are something like twenty detective officers there, and perhaps 200 people call every day—there is a little brass box or pigeon-hole, and'if it is a matter of importance the clerk or messenger writes it down and puts it in my compartment—I have inquired since the last trial, of the two station sergeants and the messenger, but they have no recollection; perhaps twenty people call in a day for me—I believe, from what Duck has told me, that be called, and from what Taylor told me also—there is no question that they actually went to Dent's, I suppose that was to get an interview with Mr. Allcroft—Taylor said that he went there to produce Duck—I said, "It is no use; you should go to Messrs. Lawrence, the solicitors"—I believe the managing clerk would not receive Duck's statement—Taylor and Duck went to the solicitors for the prosecution, and wanted an interview with the managing clerk; that was between the 5th and the 12th, because on the 12th I went to Scotland, and it was before that—I was examined on the former trial and stated all that I have to-day.
Cross-examined by MR. SEYMOUR. Q. Have you given us the best of your recollection? A. Yes; but I will not pledge myself to every expression—when I went to Taylor the receipt was taken off a file on which there were several receipts, an ordinary business file—Taylor told me that although he did not know the exact residence of the person from whom he had bought the gloves, he could find him—Taylor went with Duck to Dent and Allcroft's—I believe I told Taylor that I expected, if he ascertained anything, he would come to me, because Dent's would not give him an interview—that was between the 5th and the 12th—I cannot say whether it was on the 6th—it is very probable that Taylor came with Duck from Allcroft's, and, not finding me, left a card at my office—I have no question that he called at the Old Jewry with Duck, whether he left a card or not, but to the best of my knowledge his card was not
left—that may have been on the 6th—I did not know Taylor previous to this transaction.
MR. RIBTON. Q. Did you receive a note from Duck? A. No—no note was left at the Old Jewry for me—I did not tell you last time that a note had been put into the pigeon-hole, I said that if it had been left it would have been put into the pigeon-hole—I do not believe I made inquiries regarding the note, because I feel so positive that any note left would find its way to my pigeon-hole—there is a messenger there on purpose.
MR. GIFFARD. Q. You received no note? A. No; I look at my pigeon-hole every time I go into the office.
FFREDERICK CHARLES BRETT (City Detective). I went with Bull and Mr. Niner to Taylor's house on 3rd September—we asked him if he had given any gloves to Niner to sell, he said "Yes," and produced a receipt from a file in the shop, saying that he bought them as a job lot and gave 10l. for them, and had given them to Niner to sell; that he bought them of a man in a public-house in Long Acre, who he had known about three months, and should be able to find him—he was asked how many dozen, he said that he did not know—I was present when Duck was asked the same question, he said that he did not know, and that he got them from a man named Turnbull, whom he had met several times at the Sun public-house, Gate Street, Lincoln's Inn Fields, and had 1l. for selling them, and that he sold them for 10l.—I produced some gloves and asked him if they were that sort which he had sold to Taylor, he said, "Yes."
Cross-examined by MR. SEYMOUR. Q. You made no memorandum? A. No; I have only had one case to attend to since, and that was enough, the ship-scuttling case—there is a public-house called the Sun in Long Acre as well—Taylor said he bought them of a man he met in a public-house in Long Acre, and had known him two or three months—he afterwards said that he had known him all his life—that was after he said that Duck was the person—it was not explained that Duck was the person who had met him at the public-house—I have not looked over my evidence since the last trial.
MR. GIFFARD. Q. You went with Bull on the first occasion; did Taylor mention Duck? A. Not at all, nor did he say anything about knowing the person from whom he got the gloves, all his life.
THOMAS ROSKELLY (Policeman 68 E). I took Duck on the evening of the 6th October in Oxford Street, at the corner of Charles Street, as he was leaving his employment—I told him I had a warrant for his apprehension, and he would have to go with me to the station—he merely said that he should like to go home—I took him to the station, searched him, and found on him a pocket-book, which has been given up, in which was this paragraph cut out of a newspaper—I put my initials on it.
Cross-examined by MR. RIBTON. Q. Did you produce this piece of paper on the last occasion? A. No; I did not know that I had got it—I thought I had given up the whole of the papers, and I said so, but I found out afterwards that I was mistaken—I found it in this envelope—I recollect your putting the question, and I said that to the best of my belief this was given up also—I was aware it existed, because the name of Turnbull is on it—I put it with other memoranda of my own in my desk in this envelope—I took it out of the pocket-book at the station when he was charged—there was nothing in the pocket-book
in reference to this charge, but I picked this out of the lot and left the pocket-book at the station in Sergeant Smith's custody—I gave him all in the pocket-book except this paper—I believe I found it in the envelope, but I have executed fifty warrants since, and I really forget—the moment I found it I went to the solicitor and put this writing on it—the pocket-book was given up to the prisoner, and a receipt taken in the usual way next morning, and I thought this was given up—this is my writing on the back, "The advertisement re Turnbull"—I wrote that subsequently—I took it from his pocket-book, read it, and handed it to the inspector—it was in a plain envelope, and I did not take much notice of it—I recollect showing it to Brett at the time, who said that it was of no importance—I did not read it—I only know that Turnbull name was there, and that Turnbull was the name on the receipt—I do not know how this paper came into my possession again—I found it in my desk—I did not hand the things over to the prisoner, Sergeant Smith did, and this paper must have 'been then put into my hands—I found it in an envelope and knew what it was, and put it in my desk at the station—when I said on the last occasion that to the best of my belief it was given to the prisoner I did not know that I had it in my desk—as soon as I found it I sent it to the attorneys for the prosecution, and since the last trial I put this on it—I looked in my desk and found it after your questions on the last occasion—I did not know where to go and find it, I had great diffaculty in finding it because it was among a lot of other papers—these are my initials, T. R.—the moment I found it I put my initials on it, that I might know it was the same.
MR. GIFFARD. Q. You were not the officer engaged in the case, you were only executing the warrant? A. That was all—it is my duty to take all property found in a prisoner's possession, and I did that duty in respect of the prisoner Duck, and the property was pnt with the acting inspector, the sergeant on duty at the station, who has a private cupboard for such things—the things taken from Duck were put in that private cupboard, and when he was bailed they were restored to him, which is the practice, unless there is anything particular—I did not attach the slightest importance to it until I was asked about it on the last occasion.
WILLIAM TURNBULL . On the 19th September I appeared before Mr. Commissioner Goulburn as a bankrupt; it was an application for discharge—I know nothing about this receipt or the transaction to which it relates—I do not know that I ever saw either of the prisoners—I have not had rheumatism in my hands or anything to prevent me from writing.
COURT to GEPRGE HOOK. You said, "I saw gloves on the back counter, the detectives went up stairs with Taylor, and I came away;" now the first time you said it was after the detectives were gone that Taylor made the statement to you? A. Yes, it was the second time I went that the detectives went up stairs.
The prisoners received good characters. NOT GUILTY .
NOT GUILTY .
167. THOMAS CHANTY (18) , to burglariously breaking and entering the dwellinghouse of James Christmas, and stealing therein three coats and other articles, his property.— Confined Nine Months. [Pleaded guilty: See original trial image.]
169. JAMES DENNIS MALONEY (34) , to feloniously forging and uttering a certain writ of summons; also one other writ of summons; also to stealing three sums of 5s. each of Richard Jones, his master.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday and Thursday, January 9th and 10th, 1867.
Before Mr. Baron Pigott.
170. JAMES FREELING WILKINSON (46) was indicted for that be, being a director of the Joint Stock Discount Company Limited, on the 16th August unlawfully did apply to bis own use an order for the payment of 4000l., the property of the said company. Other counts charging a like offence on the 28th August, with respect to a sum of 860l.
MR. GIFFARD, Q.C., with MESSRS. POLAND and F.H. LEWIS, conducted the Prosecution, and MR. COLERIDGE, Q.C., with MR. SERJEANT BALLANTINE and MESSRS. SARGOOD and SLEIGH, the Defence.
WILLIAM LAWSON . I am a member of the firm of Camper, Escombe, and Lawson—we are stockbrokers, carrying on business at 4, Adam Street, Old Broad Street—I know the defendant; he was managing director of the Joint Stock Discount Company Limited—from time to time in the years 1864 and 1865 our firm was engaged in buying and selling shares on his behalf personally, at intervals throughout the years 1864 and 1865—he has from time to time made payments on those accounts—some time in August, 1865, we had purchased for him 520 shares in the Joint Stock Discount Company—they were purchased for the account on the 16th August—on that day we were only able to deliver 377 shares—including the price of the 520 shares, the balance owing by the defendant to us on the 16th August was 5016l.—the price of the 520 shares taken together was 4257l. 10s.—the rest of the 5016l. was made up of a sum of 705l. 7s. 6d., the balance of an old account; that balance included a sum of about 170l. on loans on Hudson's Bay shares; I don't know the exact figures; it was about that amount—on the 16th August, 1865, I sent our clerk, Mr. Ramsay, to the defendant, for the purpose of getting a cheque for 4000l. on account—he returned without any cheque, and I went over to the company's office in Nicholas Lane, and saw the defendant in his private room—I said I required a cheque, and I must have the money, because I had
paid the money away, and I must have it that afternoon—I said I must have a cheque for 4000l. on account—I had not paid the whole away—he told me that he could not pay the money that afternoon, as he had to get the money from another person—I told him I must have it—he then said he would give me a cheque of the company for 4000l., which cheque I consented to allow him to pass through our account—he said, "I will give you a cheque for 4000l. of the Joint Stock Discount Company, and repay it when I get the money from the third party"—I consented to that, on condition that he should repay the 4000l., and no interest should be charged to us, and no security given—I told him I had 377 shares to deliver him that day—those were the ones I had paid for (I delivered the 143 on the 28th August)—I told him I would deliver them as soon as I got them—I then left, and said I would send my clerk over for the cheque—I did so, and he got it and paid it into our bankers, and we were credited with it—our bankers were the Agra and Masterman's—the defendant's company also banked there—on that day, the 16th August, I delivered the 377 shares—the transfers were made out in the ordinary way; they were transferred to Mr. Megaw—we had Mr. Wilkinson's order to that effect—on the 28th August we delivered the remaining 143 shares—the transfers of those shares were also made out to Mr. Megaw—when those remaining shares were delivered the balance to be paid to us was 860l.—the remaining 156l. was a dividend that had accrued on the 520 shares; we credited Mr. Wilkinson with that—I can't say whether I saw him with regard to the payment of the balance, 860l., on the 28th August; I do not remember—I received this cheque for 860l. on the afternoon of the 28th August—I cannot say from whom I received it; it passed through my hands—I received it as the balance of that account—I know Mr. Wilkinson's writing this is his signature (this was dated the 28th August, 1865, for 860l., payable to 7660. Signed J. F. WILKINSON, Managing Director; HENRY WHITE, Directory)—I sent that cheque on to our bankers, to be paid in—we were credited with that amount—we gave Mr. Wilkinson credit for that sum in our books, so as to balance the account—that 860l. cheque was not a loan to me or my firm in any way, certainly not—we gave no security for it, and paid no interest on it; it was not a loan at all—we paid no interest on the 4000l.—I did not at any time repay to Mr. Wilkinson 4000l. on the 19th September, or on any other date after—there was no transaction between me and Mr. Wilkinson on the 19th September with regard to the payment of that 4000l., or any transaction with reference to 4000l. on the 19th September—this cheque for 4000l. of the 19th September, 1865, bears Mr. Wilkinson's signature—I knew nothing at all about that cheque—I never saw it before this prosecution—Mr. Wilkinson made no communication to me about it—I had no concern with any such transaction (this was dated the 19th September, 1865, for 4000l. payable to 3030, or bearer, signed as the last.)
Cross-examined by MR. COLERIDGE. Q. When did you receive this 156l. which you passed to Mr. Wilkinson's credit? A. I do not know the date, I cannot tell about the date—I was instructed by Mr. Wilkinson to buy and sell shares for himself—we always understood it was his private account; he told us to buy and sell shares—we must have bought the shares before we could carry them over—we could not carry them over unless we had got them—we had not the shares in our possession when we carried them over from time to time—we charged him with the difference, whatever it might be, profit or loss, without being in possession of the
shares upon which that profit or loss accrued—those differences were from time to time settled between Mr. Wilkinson and us—money passed between us on both sides—on 16th August we had 377 shares in our possession—they were delivered on that day—they had been bought for him at different times—I can't say whether the number of shares we were carrying over for him had remained at 200 for a considerable number of months—I don't remember, our bookkeeper can state that—upon my oath I do not remember—I can't say that they ever stood actually at 200, I know that the total number of shares was 520—I do not know whether they stood at 200 for many months—I won't say they did not—I won't say they did not stand at 200 from November till June, I don't know—whatever shares there were were carried over from time to time—I had 377 shares delivered to me on 16th August—none were actually bought that day, they were paid for on that day—up to 16th August 520 were bought—I don't know how many I had bought within a fortnight of 16th August—I cannot give you the least notion—I should think it would not be the difference between 200 and 520, but I am not certain—I think the price of the 520 shares was 4257l. 10s.—some of that was paid on 16th August, and some was paid before that, and the difference of the carrying over, and some of it was paid up to 28th August, as the shares were delivered—the shares may have been delivered in tens, twenties, fifties, or anyhow—it was all paid before 28th August—the 4257l. 10s. was not paid on 26th July—I cannot tell what was owing from the defendant to us on 26th July—doubtless something was, I don't know what—I cannot say that I saw Mr. Wilkinson myself on the subject of these 520 shares before 16th August—the first time I saw him that day was after I had sent Ramsay for a cheque and he had come back without one—I think no one was present when I saw him, I am sure there was not—it was in his own private room at the company's office in Nicholas Lane, in the afternoon I think between twelve and four, I can't give you the time nearer than that—I made no note of it at the time, the interview did not last long—I don't think I ever spoke to Mr. Wilkinson again on the subject—we afterwards had a notice to the effect that the company claimed the sum of 860l. from us—I never communicated with Mr. Wilkinson on the subject, we simply sent the account back to the company when we received it—I can't give you the date, I have no idea of it, I only know we sent it back directly it was received—I did not send it back myself, Mr. Capper, my partner, did—I never communicated with Mr. Wilkinson about it after that—I was not examined before the Liquidator about this matter, Mr. Capper was—I did not then communicate with Mr. Wilkinson—we had had loans from the company from time to time—we always paid interest—I mean to swear that we never had a loan from the company that we did not pay interest for—we had frequent loans, considerable sums, 10,000l., perhaps more, I dare say 20,000l.—I dare say in the course of a year there have been loans to the amount of 30,000l., not in single loans—we might have had 7000l. or 8000l. at one time—we never had a loan of any kind upon which we did not pay interest—I don't know that we ever had a loan that we repaid on the very day we got it—I should think that would be an exceptional case—I do not remember any such case—we have not had loans without giving security for them—we never had a loan but what we gave security for, stock or shares—I assert positively that on no occasion did we ever receive a loan, great or small, without giving some security besides our own personal security—I understood the business of the Discount Company to be immense, to the extent of
hundreds of thousands a day, that was my impression—I should certainly consider that large.
MR. GIFFARD. Q. Is there any book here from which you can give approximately the date of the dividend that you received upon these shares? A. I think the ledger is here—the bookkeeper made these entries—he is not here, he is gone for—although shares are not actually delivered, we enter into contracts for them—the differences which are paid from time to time do not go into our pocket, but into the pocket of the seller or the buyer, as the case may be—the shares are bought when carried over, though not necessarily delivered—the course of business is to send fortnightly contract accounts—those were sent to Mr. Wilkinson every time, showing the purchase and the prices at which they were purchased and carried over—we send to the customer every fortnight a contract, and an account as between ourselves and the principals (Mr. Henry Thomas Gird-wood proved the service of a notice on the prisoner on January 8th to produce these contract notes accounts, and other documents relating to these shares)—It was the rule to settle with Mr. Wilkinson from time to time on the differences—money passed between us—I never heard from him that he had not received the contract notes and accounts—as a rule, one of our boys took them over—in the absence of those notes Mr. Wilkinson could not know what to settle upon—we have in fact settled with him fortnightly upon those accounts, either paying or receiving money.
MR. COLERIDGE. Q. Has not the defendant sent to you for these very things which you say you sent to him, some time since this prosecution, long before yesterday, and been unable to get them? A. No, he has not—he has sent, but he has not been unable to get them—he sent for leave to come and make copies of them from our books a week or ten days ago, and we granted permission—we were applied to by Mr. Holt to furnish the names of the persons from whom he bought these shares—they are in court—we did not decline to furnish them to Mr. Holt—we did not furnish them to him, we consented to an accountant coming, but he did not come—I don't know that we declined to furnish them, I did not myself personally—he did apply for them, and I know he has not had them—I learnt that he wanted to know the names of the vendors on these very contracts—that was a week or ten days ago—Mr. Holt did not tell me that Mr. Wilkinson had never had them—I was told that he wanted them to compare with papers that he had got—that was what was told me by the accountant that came to our office; with papers that he had got at other times, with the original contracts—that was the way I understood it—I did not see Mr. Holt—the accountant he sent told me he wanted them to compare with other papers, which I understood to be the original contract
MR. GIFFARD. Q. Was it ever suggested that the original contracts that you send to your customers were still in your possession? A. No—we keep in our books copies of every account and contract that we send to our customers—in the ordinary course of business the contract notes and accounts do not disclose the names of the persons from whom the shares are bought; not unless they are asked for specially by the client—they must appear in the transfers—the name of the customer for whom we purchase appears in the contract, but not the name of the vendor, we take the responsibility ourselves—after delivering the contract note we are responsible for the delivery of the shares—the dealings with Mr. Wilkinson in this course of busiuess went on for some months—we have dealt with him for two years off and on—he never complained of the non-receipt of
these contract notes, or of our charging him for carrying over shares not actually in our hands—carrying over shares is a familiar practice on the Stock Exchange, without actually having the shares in your possession at the moment—we could tell by reference to our books when the 520 shares were paid for—it would take a very long time—they were all paid for before 28th August—we paid for the 377 when we got possession of them on 16th August—I do not know what the total amount of the 377 shares was—the demand for the 860l. was sent back the moment it was received—from that time until the official liquidator asked us for it again, we had no further demand for it, as far as I know—one of our clerks, the book-keeper, took back the notice—the claim was originally made in 1866—I don't know the date.
GEORGE COPELAND CAPPER . I am senior member of the firm of Capper, Escombe, and Lawson—we have had dealings with Mr. Wilkinson as stockbrokers in buying and selling shares—on the 16th August our firm did not, to my knowledge, borrow a sum of 4000l. of the Joint Stock Discount Company—we received that sum; it was credited to Mr. Wilkinson's account—on the 19th September neither I or my firm, to my knowledge, repaid a sum of 4000l. to the Joint Stock Discount Company—I never saw or knew anything about this cheque of the 19th September until this prosecution was commenced—I did not pay interest for the sum of 4000l., or give any security—I did not on the 28th August borrow a sum of 860l., nor did I pay interest or give security for that sum—there was an account sent charging us with 860l.; it was not an account showing any balance, it was merely an interest account; that was received some time in October, 1865, I think it related to a debit and credit interest account upon different sums between us and the Company—I communicated with our ledger-keeper on the subject, Mr. Delachaumette, he brought me the account into the inner office and drew my attention to it—we told him to take it back, and he took it away; I never saw it since before this trial began.
LOUIS JOHN DELACHAUMETTE . I am a clerk in the service of Messrs. Capper, Escombe, and Lawson, and was so in October, 1865—I remember seeing an account from the Joint Stock Discount Company of interest charged to our firm—I looked at it and compared it with our books, and in consequence of what I noticed I spoke to Mr. Capper on the subject—I showed him the account—from directions he gave me I took it back to the Joint Stock Discount Company's office in Nicholas Lane and left it with one of the clerks—I have never seen it since—I never saw any amended interest account after that, I asked for it several times, but never got one; I applied for one both to Mr. Hill and Mr. Westrop at different times—Mr. Hill was the assistant manager.
EDWARD LAVENDER BIDEN . I am clerk to Mr. Harding, the official liquidator—I have had the papers of the Joint Stock Discount Company under my management and control, they have been in the liquidator's legal custody and possession—I have made diligent search amongst those papers for an interest account of October, 1865, between the defendant's Company and Messrs. Capper—I have been unable to find it—I found one account and produce it—this piece of paper was pinned to it as it is now, bearing a memorandum (handed in).
MR. DELACHAUMETTE (re-examined). I think this is the account I took back—I believe it to be the account—I have no doubt of it; it is the very piece of paper. (Objected to and withdrawn.)
MR. CAPPER (recalled).
Cross-examined by MR. SERJEANT BALLANTINE. Q. Does the whole of your business come under your attention, or do you leave parts of it to your partners? A. I think I may safely say nearly the whole—when we are instructed to buy particular shares we make a bargain with a jobber or broker; there is no written contract between us, it is merely a bargain by word of mouth—I go first to a jobber, if I cannot buy of him at the price I seek among other brokers to see if I can find a seller amongst them; he does it through a jobber; we do not necessarily resort to a jobber, a broker sells without a jobber—we sometimes contract with a broker without a jobber, and never with a contract note, we enter it in our respective books And what we call check the bargain next morning by our clerks reading over what we have done—no document exists between us and the seller; we cannot tell whether he is in possession of the shares at the time we buy, he may or may not be, we don't assume it; very often we know he has them, it is not our business to assume anything—on settling days we are looked to to produce the money, we are bound to pay the differences, and to pay the value of the shares if the seller demands it—it depends upon your credit whether the seller calls upon you to take up the shares; I have never been asked to do so—it is not on those days that we require loans, we may have principals to look to to pay the differences; that is always the case I hope—we never have such black accounts as to require loans I am thankful to say—we have required loans on securities sometimes for principals—that has sometimes been on settling days, not always—we have to make loans of course, it is part of our business on those occasions to borrow money at one price and try and lend it at a higher price, but that is not to pay differences; of course we cannot tell where each sovereign goes; it is very rarely applied to that purpose, it is sometimes—I have seen Mr. Wilkinson several times, and conversed with him upon business transactions—I used to go and see him very nearly every morning—I have seen other persons there—I have seen Mr. Hill sometimes on matters of business and sometimes for chat—I have received cheques from Mr. Wilkinson, I cannot remember whether I have done so individually—I cannot say whether I have or not.
JOHN RAMSEY . I am a clerk to Messrs. Capper, Escombe, and Lawson, and was so on the 16th August, 1865—I recollect on that day taking over to the office of the Joint Stock Discount Company 377 shares of that company—I delivered them, I think, to Mr. Hill, and transfers for them—I made an application for a cheque—I did not receive one at that time—I asked Mr. Hill for a cheque—I afterwards communicated with one of our firm, I do not recollect which—I afterwards received instructions from one of the firm to go again to the office of the company that same day, and on that second occasion I received a cheque for 4000l.—I received it from Mr. Hill, to the best of my recollection—I cannot say whether it was a company's cheque or a private cheque of Mr. Wilkinson's—I do not recollect; all I know is it was a cheque, I did not notice the form of it—on that same day I paid in to the Agra and Masterman's bank certain moneys and cheques—this credit slip (produced) is my writing—I paid in the sums contained in that to the credit of my principals—I find in this credit slip a cheque for 4000l. in their favour—I am able to say I paid that in—it is the only cheque for 4000l. on the slip.
Cross-examined by MR. COLERIDGE. Q. Were these two occasions the only times you were at the Joint Stock Discount Company's office about
this matter, when you were sent over about this cheque? A. As far as I recollect I believe I saw Mr. Hill on both occasions, on one occasion certainly—that was the only day I went over about this 4000l.
HERMAN CHOLMONDELEY . In August, 1865, I was in the employment of the Agra and Masterman's bank—I was on duty as receiving clerk on the 16th of that month—this credit slip is one of the forms used by the bank—Messrs. Capper were customers of the bank; the Joint Stock Discount Company also had an account there—this slip was paid in to the credit of Messrs. Capper on the 16th August—the 4000l. cheque was placed to their credit, and was put to the debit of the Joint Stock Discount Company (slip read:—"Agra and Masterman's Bank, Limited, 35, Nicholas Lane, August 16, 1865, credit Capper, Escomb, and Lawson, London, drafts payable in London, 4000l.")—I entered the cheque in the receiving book—this is the entry: "16th August, credit of Capper, Escombe, and Lawson, debit of the Joint Stock Discount Company, 4000l."—the 4000l. mentioned in that slip was a cheque of the Joint Stock Discount Company—I can give no further particulars of the cheque—the cheque is paid at the counter, and is put into a box, and I take it and put it down to the credit of Messrs. Capper, detach the cheques, and put them in two separate boxes, the credit slip I should file for the ledger keeper, and the debit I should put into the debit box—the ledger keepers would have the cheque after that.
Cross-examined by MR. COLERIDGE. Q. You do not make the entries in the ledger? A. No, only in the cash-book—all I know about it is that I received a cheque and put it in the right place—I am the cash-book keeper—I have nothing to do with the slip until it comes into the cash-box—I make an entry to the debit of the Joint Stock Discount Company, and an entry to the credit of Messrs. Capper, our bank being the bankers of both, no money passing, only the cheque—the cheque represented so much put to the debit of the one and the credit of the other.
HENRY PETER MATTHEWS . In August last I was in the employ of Mr. Cannon, the liquidator of the Agra and Masterman's, until the stoppage of that bank—I was a clerk there—I was chief ledger keeper—it was part of my duty to take the customers' cheques off the file after they had been entered by the paying clerk into the paying book—on 16th August I find a debit, written by myself, which, in the course of business, would be written from the cheque itself—it is a cheque of the Joint Stock Discount Company, representing a cheque for 4000l., the payee being No. 7445—the Joint Stock Discount Company had a pass-book, into the pocket of which all the cheques were put and returned to them—the company sent for their pass-book every morning—I never heard any complaint that that particular cheque had not been returned—I believe it was returned—it would have been the duty of the pass-book clerk to return them—I agreed the book the following morning.
Cross-examined by MR. COLERIDGE. Q. Have you anything by which you can give me the least notion of the time of day at which this would pass? A. No; we generally begin to post about twelve or one in the day; that would not indicate the time it came in—it might come in in the early part of the morning, and I might not receive it till one or two—I do not enter them in order, just whichever cheque comes first off the file—I have no means of saying at what time of day this cheque for 4000l. was paid in—I should say it was after one o'clock, for I generally went to lunch at twelve, and I never post anything till after one—it might have been paid in early in the morning, perhaps the cash-book would tell.
MR. COLERIDGE to HERMAN CHOLMONDELEY. Q. Can you tell me from any book in the bank about what time in the day a particular cheque is paid in? A. No; only if it came in the first thing in the morning it would be entered first in the cash-book—the second that came in would not be entered second—the first lot would be entered before we go to lunch—there is no counter-book, the cash-book is the counter-book—there is no means at all of telling the time a particular cheque comes in—I cannot tell whether this was before or after luncheon—it would be in the early part of the day, from nine to twelve or one—I should think it was about one o'clock, because it comes in about the middle of the business of the day—it is generally at the latter part of the day that we are most busy.
MR. GIFFARD. Q. Beyond the situation of the entry on the page, have you any means of ascertaining the time? A. No, and that is a conjecture as to the amount of business we have previously done—the entries are not made as each particular document comes in, they are all put into a box anyhow, and you empty the box and enter them as you take them out—it does not follow that the first entry relates to the document that comes first into the bank'—there are four cashiers, and they may each put an article in at the same time—if a clerk happens to take out of the box first that which came in last he would enter it first.
MR. BIDEN (re-examined). I have made diligent search for the 4000l. cheque of 16th August among the papers of the Joint Stock Discount Company—I have not been able to find it—this (produced) is one of the counterpart books of the company—on 16th August there is a counterpart of a cheque. (MR. COLERIDGE objected to the reading of this counterpart, as it was not shown to be in the defendants handwriting or traced to him, MR. GIFFARD contended that it was admissable, first because there was proof of an interview with the defendant at which he agreed to hand over a cheque for 4000l., and secondly that as a manager of the bank every book in the bank would be evidence against him. MR. BARON PIGOTT. "He promises to send a cheque for a specific amount on a certain day: on that day a cheque is sent for that amount, and now a counterfoil of that amount on that day is tendered, and I admit it.") (Read:—"No. 7445. 4000 l. paid Capper, Escombe, and Lawson" There was no date to the particular counterfoil, but a previous counterfoil was dated 16th August.)
FREDERICK MILDRED . I was in the employment of the Agra and Masterman's Bank in 1865—Messrs. Capper, Escombe, and Lawson had a drawing account there—on 28th August I was doing duty as receiving waste-book clerk—on that day I find a credit to Messrs. Capper of 10,549l. 2s. 5d.—that credit consisted of seven cheques—they were paid in on a paying-in credit slip, particularising the amounts of the drafts—I have it here—one cheque forming part of that amount was for 860l. of the Joint Stock Discount Company—I have no date of the cheque—it was. paid in on 28th August—I have not got the No. it was payable to, that would be in another book.
HENRY PETER MATTHEWS (re-examined). A cheque for 860l., payable to No. 7660, dated 28th August, is entered in the ledger to the credit of Messrs. Capper, and to the debit of the Joint Stock Discount Company—it is Mr. Cholmondeley's entry.
HENRY WHITE . I am a merchant carrying on business at 16, Bishopsgate Street Within—I was from the commencement one of the directors of the Joint Stock Discount Company Limited—the defendant was from its
commencement the managing director; it began, I think, on the 1st March, 1863—before the formation of the company the defendant had been a discount broker on his own account—I was one of the persons originally signing the memorandum of association—the company was partly formed on the basis of purchasing the defendant's business; they did purchase it—I from time to time attended as one of the directors of the company—the cheques were signed by one director and the managing director—they always had the signature of the managing director—in his absence the sub-manager or assistant manager, Mr. Hill, signed for him—each director took a rota of one week to attend.
Q. What was the course of business pursued while you were a director with reference to the granting of loans and the acceptance of securities? A. The business was usually conducted by Mr. Wilkinson alone—he had power to grant loans and to negotiate the ordinary business of the company—the particular securities were not submitted to the consideration of the directors in ordinary transactions; by that I mean the ordinary business of discount and granting loans from day to day; that was the ordinary business of the bank; any special matters that Mr. Wilkinson did not like to take upon himself to operate in he referred to the weekly meeting of the board—it depended entirely upon himself whether he referred them—they would be introduced through the secretary generally; the managing director would be cognisant of the transaction and probably would direct the secretary to bring the matter before the board—I was on the rota of directors attending in August, 1865—I signed both these cheques—in the register of cheques signed there is an entry not in Mr. Wilkinson's writing but of one of the clerks. (MR. GIFFARD proposed to read this entry, contending that the defendant, as managing director of the company, was responsible criminally for everything that appeared on the books, and that as a director and shareholder, the books were his in point of law. MR. BARON POGOTT could not see how the entry could affect the defendant unless he was shown to have the book under his notice; it would be better to carry the evidence further.) During the day this book was laid upon the table in the board-room—it is headed, "Cash balances and cheques signed, Board-room"—in the ordinary course of things Mr. Wilkinson was not in the board-room; he was a member of the board, and at the weekly meetings he usually attended, unless occupied in other business of the company—this book always lay on a side table at these meetings, for the purpose of reference if necessary—I cannot call to mind any particular instance in which it was referred to—at the weekly meetings the general business of the company during the week preceding was brought under the notice of the directors; results were stated, every transaction was noted in books which were placed on the table for every director to see—only any special business that required to be referred to the board was brought to the knowledge of the directors who were present—the secretary always read the minutes of the previous meeting, and they were confirmed by the signature of the chairman, and the cash balances were read out; the chairman for the time being read them from the minutes; the different balances at the bankers on that particular day or the day previous, at four o'clock, were noted by him; any transfers of shares that were made during the week were always noted, and then came such special business as the secretary had instructions to bring under our notice—if a loan for 4000l. was granted it would not be specially brought under our notice, it would be entered in the loan-book, and, the book being on the table, any of the directors could see it—
the loan-books and discount-books were always laid on the table every board day, to allow the directors to see what business had been done during the week—Mr. Wilkinson would have the management of the loan—the existence of the loan would first find its way into the banker's cheque-book—a cheque would be written for the amount, from that it would go into the cash-book; that would be done by the cashier, of course under the direction of Mr. Wilkinson—all loans ought to appear in this book—Mr. Wilkinson had the general superintendence of all the business; he used to receive bills from various customers of the company and discount them—I was present constantly when he received bills from different parties, and said that they would be discounted—he handed them to the clerk whose duty it was to receive them, and they were then entered into a book and passed through in the usual way—I can't say that I ever saw him over look that book—I have no recollection of ever having seen him with that book before him—this book was for the information of the directors on rota—the cheques when they were signed were entered here—this book had nothing to do with the managing director—I fancy it was simply for the information of the directors on rots (the book was withdrawn)—This book (produced) is the cash-book—I am not familiar with it—I have seen it in the office of the company, on one of the desks in the general office—I mean where the business with the public is carried on, in the lower room—I have seen Mr. Wilkinson there daily—his room is off the general office; it is a continuation of it—there is simply a glass screen between—he was generally there from ten or eleven till four, either in the office or in his own room—this book would contain an account of the receipts and disbursements of the company during the day—that would include loans—I don't remember ever seeing that book before Mr. Wilkinson—it might be found necessary to refer to it—the business of the company could not go on without referring to it—the bookkeeper must refer to it to post into his ledger—unless there was any special matter he would not require any orders—he would do so in his capacity—if special orders were necessary, the managing director would be the person to give them, if not, he would post it up in the ordinary course of daily work—as an officer in the establishment he had his particular work to do, and he would do it without any special instructions—he would know which was a loan transaction from instructions from Mr. Wilkinson—if any special date was named for a loan I should look to this book to find it out—I do not remember a transaction of a loan of 4000l. to Messrs. Capper, Escombe, and Lawson being brought to my attention by Mr. Wilkinson, or of 860l. or any sum at all—this cheque for 860l. is signed by me—I have no recollection of the matter to which it refers—I was not at all aware that it was to pay a private debt of Mr. Wilkinson's—I also signed this cheque of 19th September—I know nothing of that transaction—I signed it in the ordinary course of business—it was some transaction entered into by Mr. Wilkinson, and the cheque was brought to me to sign—I was told what it was for and I signed it—I cannot remember it especially—I was not told it would be paid to the credit of our own company—when the clerk brought cheques for signature he always told me for what purpose they were drawn, for loans or repayment, or whatever it might be—I do not remember what I was told about these cheques—the cash-book was kept by one clerk and this by another—I have not the slightest idea of their names—I believe one clerk kept the whole of it—the entries were very numerous—it might require more than one clerk to
get through the work sometimes—sometimes I signed the cheques first, and sometimes Mr. Wilkinson—usually Mr. Wilkinson signed first.
Cross-examined by MR. COLERIDGE. Q. You say there were a number of clerks in the office who each had their appointed duty to perform? A. Yes, and as far as I know they performed it—I did not interfere in the matter—Mr. Wilkinson often gave instruction to the clerks in special matters—by the memorandum of association he was to be the managing director of the company, and to have the management of the discounting business thereof, subject to the resolutions of the board of directors—he was to give his whole time and attention to the business of the company, and not engage himself or be concerned in any other business than that of the company—in special matters reference would he had to him—if a loan was applied for, a cheque would be drawn, which would be entered in one book, and from that to another, each clerk performing his ordinary and proper duty in reference to the transaction in the books of the company—the cheque itself would not shew whether it was for a loan or not—the counterfoil would always show it—I believe it was generally nearly always written, "Paid to" such a name, "loan," "discount," "repayment," or whatever it was—the clerk would take the counterfoil and make the necessary entry, and that would be followed by clerk after clerk in the ordinary course—the transactions of the company were very numerous indeed and very large, sometimes many hundred thousand pounds a day—the aggregate of the dealings of the company during the time it was in operation would be hundreds of millions—at times there was a very great stress on Mr. Wilkinson's time and energies—he from time to time asked for assistance and aid in his work, on the ground that it was too much for him—as far as I know his time was fully occupied with the affairs of the company—he was very seldom absent—he was not always there—Mr. Hill then signed cheques for him—I don't recollect a Mr. Sutton having authority to sign cheques—he was in the office—he was the cashier—before any cheque arrived in the board-room to be signed it always bore the initials of two clerks as well as the signature of the managing director—that was to show that it had passed properly through the office—there was a special regulation to that effect made by directors of the board some short time after the company began business—the two cheques I have looked at are both initialed by two clerks—Mr. Wilkinson was originally a discount broker—we bought his business—that appears from the articles of association—he had the financial operations of the company under his control—his judgment was referred to upon the subject of making advances—that was the main object for which he was looked to—the sum of 800,000l. was paid up—there were from time to time periods of difficulty and pressure upon the company, which they bided through till the final smash came—they had large loans from bankers from time to time—there were very large transactions with Mr. Kleman—I am not aware that he was from time to time largely in advance to the company—he used to get bills discounted for us in the market, in the ordinary capacity of a broker—he was largely used by us to get our paper discounted—he was our broker—we had an accountant in the office, a bookkeeper who acted as an accountant—he controlled the general system of bookkeeping, and arranged what books should contain what sort of items—he had nothing to do with the items—I forget his name.
MR. GIFFARD. Q. Do you mean Mr. Brand? A. I think that was his name, I cannot remember the date of his appointment—I think it was
about two years before the company stopped payment, in March, 1866—his duties were to keep the general accounts of the company—he did not keep all the books himself, he had to superintend it—I don't know whether he made any original entries—he had nothing to do with the entry of cash payments and receipts; that was done by a clerk in the lower office; he was in an upper room and had the books entirely under his control (Mr. Brand called)—I recognise that gentleman as a clerk in the office—I do not refer to him especially—there was a bookkeeper, who he was I do not know—I don't know what his business was; he had to render a balance-sheet—I know that the duties of bookkeeper and accountant were performed, but I never was brought into immediate contact with the person and cannot tell which gentleman it was that did it—his duties as accountant and bookkeeper were the ordinary duties of that particular occupation—he rendered a general balance of accountant the end of the year; that is all I know about it—so far as I know he had nothing to do with the entry of a particular item on a particular day—I think I said that the loans or discounts usually would appear on the counterfoils of the cheques—it does not appear upon any one of these on the first page; there are four cheques on each page—none appear on the second page; there are in some places; I was under the impression that they were always there.
ALFRED ERNEST WILLIAMS . I was a clerk in the Agra and Master-man's bank in September, 1865—this cheque of the 19th September, 1865, has the stamp on it as having been paid in on that day, it was perforated on that day—it is debited in the books to the Joint Stock Discount Company in my handwriting—I cannot say to whose credit it was paid in—it would first of all go through the receiving book and then it would come to me—that was the only cheque of that amount debited to the company on that day.
HENRY PETER MATTHEWS (re-examined). A sum of 70,182l. 6d. 10d. was paid in on the 19th September, 1865, to the credit of the Joint Stock Discount Company—part of that sum was a cheque of their own for 4000l. payable to No. 3030—this is the cheque.
JOHN GEORGE MEGAW . I am manager of the Merchant Bank—I am on the register for 520 Joint Stock Discount shares and on the contributory list under the winding-up of the company—I became possessed of those shares I think on the 30th of August, 1865—I think I had them all together on that date—I had them from a party with whom we had some transactions; I do not know that I should disclose the name of one of the customers of the bank; it was Mr. Kleman, he asked me, as manager of the bank, to make an advance to him upon certain securities, and amongst them were these shares—I did so, and I have the shares (producing them)—there are the 520 spoken of—I signed my name as the transferee to all of them—I received no other shares of the Joint Stock Discount Company in August—I have no doubt I sent them down for registration—I advanced 8000l. to Mr. Kleman upon these and the other securities which he deposited on or about the 30th August; the amount was afterwards reduced by 1000l. in the following February—I should say Kleman had made the application for the loan within a week or ten days prior to the advance—I knew nothing whatever of Mr. Wilkinson in the transaction, I never heard his name mentioned in the matter—I still hold part of those securities—I do not know when I last saw Mr. Kleman, I should think not for six months—I have not the slightest idea what has become of him—I do not know whether he is to be found at his ordinary place of business—I have not looked for him.
Cross-examined by MR. COLERIDGE. Q. Was Mr. Kleman in a very large way of business indeed? A. So I have heard—he had only two transactions with us that I remember—I should not say that he was in credit in London at that time—I have heard that he had done a very large business with some great houses—his two transactions with us amounted to some ten or twenty thousand pounds—that was a small matter compared with some amounts—our company has had to pay the calls upon these shares—Kleman deposited with us securities which at that time would a great deal more than cover the advance; they are not so valuable now—a good many things that looked very good at that time went down at the time of the crisis; the decline was very rapid in some of them—it was a Tery severe crisis.
MR. GIFFARD. Q. To what extent are you secured in respect of Kleman's advance? A. We are secured to the extent; we consider the Joint Stock Discount Company's shares worthless, but we have other securities—they will not cover the advance, he owes us money—I have not taken the slightest trouble to find out where he is, because I don't think he is worth anything.
EDMUND NUPNOW . I am clerk to Mr. Straith, bill broker—I was formerly in the service of the Joint Stock Discount Company—I entered their employment on the 18th September, 1865—I was a cashier—there is an entry here in the cash-book in my writing, on the 19th September—this "16th August" is not my writing; that is the writing of a clerk of the name of Sherrar—I don't know what has become of him—there is no writing of mine on that same line—there are several entries in that page in my writing—there is a folio in my writing on the line you speak of, to show that I had posted it into the ledger; that is on the right hand side of the page—some of this entry on the left side of the page, the tenth entry from the bottom, is in my writing—I do not remember anything about it—there is the word "repaid" in my writing, but I do not remember putting it—I have no specific remembrance of that item at all—I do not remember writing it at ail—at the time I wrote it I should say the date in Sherrar's writing was there—it does not look as if it was put in afterwards—I can see clearly that what I wrote was written since the other was written—I should not have written it without directions—I should say I had directions about it—I should not have made an entry without—there were two persons from whom I might have received directions—I do not remember having instructions from anybody, but the only two persons I could have had instructions from would have been Mr. Hill and Mr. Sutton, the two clerks between myself and Mr. Wilkinson—Mr. Sutton has gone abroad I have heard—I may occasionally hare received directions from Mr. Wilkinson, but I very seldom had communication with him—occasionally I may have asked him if such a thing was right—I certainly did occasionally get instructions from him—I have asked him perhaps when I took a cheque to him to sign whether it was to go to such an account, and he would say "Yes"—I never consulted him with reference to entries in the books that I kept; I referred to Mr. Hill and Mr. Sutton, if necessary, on that subject—they were assistant managers—I have frequently seen them with Mr. Wilkinson, I was not presen't to hear in respect of what matters—I have seen them receive instructions, I can't say what instructions—I never saw Mr. Wilkinson give directions to either of them about the books—there is nothing in the fifth entry on the right hand page that is in my writing except the folio, the reference to
the ledger—the date here is August 16—the word "folio" is not here, only the figure "10"—I put that on the day that I posted the whole of these entries, that would be a few days after the 19th September—as far as I can remember the page was in the same condition it is now when I posted it up—I think the erasure was there when I posted it—the date August 16 was there, as far as I can remember; I have no proof before me, my belief is that it was there as it is now—I have now before me the advance ledger—the whole of the posting is in my writing, and written at the time it purports to bear date—the entry of the 19th September is my writing—the entry is on the 19th September in the cash-book, and I must have omitted It—it has August 16 written against it—I must have missed it entirely in the cash-book at first, and posted up this account until I arrived at the 19th October, and then, finding this entry was missed, I could not interpolate it, so I entered it here, 4000l.," with the date of the 19th September against it—I argue from what I see here; I have no distinct recollection of it; I can't say that I have any recollection of it—I did not enter this by any one's direction, it was simply copied from the cash-book—I bring this 4000l. from the cash-book—the cash-book bears the date of August.
Q. What I want to know is how you came to enter this between the 19th and 20th October, aind to copy it as of the date of the 19th September, which is not the date of the original entry? A. I missed it altogether first of all in the cash-book, but it certainly was not interpolated here—I did not apply to any one for an explanation of that entry—the next folio in the cash-book is in my writing, 74, referring to 30,000l.—I cannot offer any explanation of that beyond that I missed it—this piece of paper pinned to this account is my writing—I don't remember having any instructions to write it—I wrote it after going to Messrs. Capper's office—I had no instructions from any one to write it—I made out the whole of the interest account; it was my duty to do it regularly—Messrs. Capper repudiated the account—upon hearing that I did not apply to any one in our office for instructions—I wrote this of my own accord, without any instructions—there is no date to it; I wrote it shortly before the company stopped, about the end of December, 1865—I have no recollection of showing it to any one in the office—I thought it was only an entry made to Capper's account by mistake, that should have belonged to some other account—I never saw Mr. Wilkinson on the subject of this account of Messrs. Capper's, never to my recollection certainly—if I required instructions in the course of my duty I referred to Mr. Hill and Mr. Sutton—I do not remember referring to either of them when Messrs. Capper repudiated this account, I should say I certainly did not, nor to Mr. Wilkinson—as well as I can remember anything, I never spoke a word to Mr. Wilkinson about it—this is the account, there was no other; it is my writing—the account was not tendered, because this 860l. was in dispute—I never made any fresh claim upon them for it, I left it in the hands of Mr. Ball, that was after the company stopped—I did not send in any further account than this.
Cross-examined by MR. COLERIDGE. Q. We have heard that Mr. Hill occasionally signed cheques for Mr. Wilkinson; do you know whether Mr. Sutton did also occasionally? A. Yes, he did—Mr. Wilkinson was very seldom away—he was away a few days during the twelve months—during his absence Mr. Hill or Mr. Sutton performed his functions—when he was there, but overpressed with business, Mr. Hill often signed cheques.
Thursday, January 10th.
ROBERT HILL . I was assistant-manager to this company—it was my duty to find the money for the financing of the company for the day—I had to raise loans and discount bills, for the purpose of raising money for the wants of the company for the day—I had to do that on bills; that was what in fact I did—I consulted Mr. Wilkinson with reference to the performance of those duties—I always consulted him upon each transaction—this counterfoil of the 28th August for 860l. is my writing—I do not at all remember the transaction to which it relates—in the ordinary course of things it would not be part of my duty to draw such a cheque as that without instructions from Mr. Wilkinson—Sherrar would not draw a cheque without instructions—these three counterfoils of the 18th September are either in Mr. Sutton or Mr. Sherrar's writing, I do not know which, it is one or the other—they write so much alike that I cannot distinguish—in the ordinary course the cheque-book was kept on the cashier's desk.
Cross-examined by MR. COLERIDGE. Q. When did you join the company? A. When it first started; I was brought in by Mr. Wilkinson—I was in constant and intimate relations with him—it was an immense concern, the business done was enormous; I don't know about hundreds oof millions, it might be that, I cannot tell; the pressure upon Mr. Wilkinson at times was very great—I did not of course consult him upon everything I did—he was occasionally absent, not very often—I then had to do the best I could without him—I remember that he was away for nine or ten days—I can't remember when it was; somewhere during the summer I believe—while he was away all the advances were made by me, and I looked into and sanctioned them—I cannot tell you whether as much as 48,000l. was advanced to Mr. Kleman during that time—I will not undertake to say it was not so; it might have been so, I really cannot tell—I do not remember—Mr. Kleman had very large transactions with the company—he was sometimes of great assistance to them, and they gave him assistance when he wanted it—I do not remember the facts relating to this 860l., I only see that my writing is to this counterfoil; that does not refresh my memory at all—the cheque itself does not lead me to know anything more about it—it has my initials to it—Capper and Lawson had advances made to them by the company from time to time—they were not made by me—if advances were made to them they would be made on stock and shares, and that I should never do—I do not think I have advanced to them when Mr. Wilkinson has been away, I do not remember it, I can't say one way or the other—Mr. Wilkinson's time was very much occupied; he was usually with the directors when they met—if any pressing matters occurred in the office at the time he was engaged with the directors I should refer to him; I should not have acted at all if I could not have got at him—I always could do so by note—I should have sent a message to him if anything had been wanted while he was in the house—I won't say I referred everything to him, but a matter of this sort I should—when it was a plain thing, and one that obviously ought to be done, I did it without referring to him at all—I do not include in that the making of a loan; I should advance a few hundred pounds on bills, but not on stock—I do not remember ever having a case of the sort—if one of our regular customers wanted a few hundred pounds and Mr. Wilkinson was engaged, and it was a thing that obvioubly the company would tlo, I should do it—I do not mean on
stock, unless it was a very small transaction—I do not remember seeing Mr. Lawson or Mr. Capper about these shares, or Mr. Ramsay; the shares may have been given to me, I really cannot tell, not necessarily so—I cannot remember whether the 377 shares were handed to me—I might have received them, I cannot say—I do not remember anything about the 4000l. cheque—I don't think I initialed it—I have not seen it, I don't know—this counterfoil of the 16th August for 4000l. is either Mr. Sutton's or Mr. Sherrar's writing,' it is not mine—the initials do not appear to the counterfoil—I do not remember whether I ever had possession of the 4000l. cheque, I might have had, I really cannot tell—I do not recollect giving it to Mr. Ramsay—I might have, I cannot tell—I don't remember anything about it—I don't remember the cheque in any way—I do not remember handing the 4000l. cheque to Mr. Ramsay and getting from him the 377 shares; it is not a thing I should remember, I was doing so many things in that way; I cannot remember one way or the other—I do not remember whether I received the 143 shares later in the month—I know Saltmarsh, Mr. Kleman's clerk—I do not remember handing to him the 520 shares—such a thin? may have happened, and I may have forgotten it—I left the company before Mr. Wilkinson—I was not a shareholder—I think a Captain Johns was elected a director after I left—I was not present at a meeting where he made a speech, I heard of it and read it—Mr. Wilkinson was in a large way of business before this company was instituted, and making a large income—he is married and has a lot of children—the whole business of the company practically went through his hands, and the company rested very much upon him—he was in very good credit—he could lend 10,000l., 20,000l., or 30,000l. to persons, practically on his own resposibility—I see among the counterfoils of the 19th September a cheque drawn for 30,000l., I can't tell whether or not I signed it—I did not draw it—I will not undertake to say that I and Mr. White did not sign a cheque for 30,000l. for a loan.
MR. GIFFARD. Q. Whenever you did sign a cheque did you do it upon specific instructions or from your general authority? A. My general authority—a loan on the security of shares is a transaction that I never remember to have done—I continually signed cheques when Mr. Wilkinson was there; I should not necessarily do so under his directions—if there were a number of cheques that required signing, for discount for instance, if Mr. Wilkinson was busy, they would be brought to me for signature—I should not do so on a loan transaction—if the cheque had already been drawn the transaction would of course have been confirmed by Mr. Wilkinson, and in that case it would be brought to me for signature if he was engaged—I should merely sign the cheque, not negotiate the transaction—(looking at a cheque for 30,000l.) I do not know anything of this transaction—I cannot tell whether Mr. Wilkinson was there that day—if money was required while Mr. Wilkinson was at the office I should go round to the banker's and negotiate loans with them—I should exercise my own discretion as to the rate of interest, and so on—that was my department, and I should repay loans made to the company—I should not make advances of any kind without consulting him, I might to a small amount on bills, but not on shares—I have done so—I remember a bill-broker having come in and wanted 2000l. or 3000l., late in the afternoon, on good bills, and I have advanced money upon them—that would be entered in a book of the transactions of the day—I should have spoken to Mr. Wilkinson had he been there, or I should tell him of it afterwards—I should always have it confirmed—
the signatures to these depositions in Chancery are Mr. Wilkinson's (read:) "In Chancery. In the matter of the Companies Act, 1862, and in the matter of the Joint Stock Discount Company Limited. Deposition of James Freeling Wilkinson, called on behalf of the liquidators; sworn the 17th October, 1866; filed 12th November, 1866: states:—I was the managing director of the Joint Stock Discount Company Limited in January, 1866. In the latter part of the month I resigned my office of managing director. In that month there had been rumours of the financial position of the company, and Messrs. Quilter, Ball, and Co. had been occupied in investigating the accounts of the company. The general meeting of the company was held on the 31st of January, 1866. I was present. A committee of investigation was appointed at that meeting, and after their appointment the committee had daily meetings, and so had the board I believe. Johann Gustaf Carl Pontus Kleman was a customer of the company, upon a loan and discount account, which account commenced soon after the company was formed. The nature of our dealings with him was that he would bring bills to us for discount like an ordinary merchant. The company debited him with the cash advanced by the company on bills or otherwise, and credited him with the bills when received, or any cash he might pay. On the 31st of December, 1865, the company was in advance to Eleman to the extent of 30,000l. This was a balance unsecured and carried on to the next year. At the end of January, 1866, that balance had increased to the sum of 108,789l. 4s. 1d., which was unsecured. None of the advances made to Kleman after the 3rd of February, 1866, were, I believe, brought specifically to the notice of the directors. The advances appear iu the loan ledger, marked T4, and in the advance ledger, marked T5. The advances which had been made to Kleman between the 1st of January and the 1st of February, 1866, which increased the balance to his debit to the sum of 108,789l. 4s. 1d., were not specifically brought before the board of directors, nor were any advances generally speaking brought before the board, but there was a book which contained every cheque which was drawn, and for whom it was drawn, always upon the board table; in other words, every director who signed a cheque could know for whom it was signed. The directors were in the habit of leaving-cheques signed in blank, that is to say, without any number or amount being filled in, and without the name of any payee being put on the counterfoil. Ordinarily the director who was in the weekly rota for signing cheques when he came to the office would go upstairs and sign a lot of cheques, and then go away. I believe that the cheques for the advances which appear to Kleman's debit in the loan ledger were signed in the above manuer. I refer to the account of Messrs. Capper, Escombe, and Lawson, at page 226 of the loan ledger, and as to the item on the debit side under date 28th August, 1865, I say that sum must have been advanced to them with my knowledge and authority, but I do not recollect for what purpose the advance was made. I had no account with them personally, but I had done business with them as brokers. I can't recollect that I was personally indebted to them in the year 1865. The loan ledger was not nor were any books kept under my superintendence. On the 28th August, 1865, a cheque for 860l. was paid by the company's bankers out of its funds. Looking at the counterfoil of the cheque No. 7660 at the bankers' pass book, marked 5 L, and the account of Capper, Escombe, and Lawson in the loan ledger, I have no doubt the sum of 860l. was paid to Messrs. Capper, Escombe, and Co. by the company on the 28th August,
1865, as a loan. I should say, generally speaking, that persons applying to the company for a loan would see me before the loan was made. Capper, Escombe, and Co. have applied to me for loans. I have no doubt that Capper, Escombe, and Co. were debtors to the company on the 7th March, 1866, in the balance which appears to their debit in the loan ledger, being 959l. 12s. 3d. in respect of the before-mentioned loan of 860l. and interest from the time of the advance." Further examined on the 31st of October:—"I do not know what the company got from Mr. Kleman for the 12,000l. advanced to him on 3rd February, 1866. I cannot tell whether he could have received the money without its passing through my hands, until I see the cheque. No one ought to draw a cheque on the company's funds without authority. I should certainly say that all the cheques drawn in behalf of the company while I was managing director were not drawn by my authority. In practice all the proposals for loans or advances to customers of the company or discount of bills were submitted to me, and were not entertained without my approval. I cannot recollect any single instance of an advance or loan or discount of bills being made by the company to a customer which had not been approved by me. While I was in the office I believe that every advance made to Mr. Kleman by the company was made with my authority. I was away from the office a week in the month of September, and a week or ten days in January, 1866. During my absence I think Mr. Hill performed my duties, but I should not like to say. I believe that advances and discounts were made just the same in my absence as while I was there. During my absence I do not remember that I had correspondence on the affairs of the company. I was at the office in the first week of February, 1866. I have no doubt thai the advance to Kleman of 12,000l. on the 3rd February, 1866, was made with my authority. The security which the company would get for the 12,000l. would be bills or cheques. It was perfectly well known to the directors that advances were being made to Kleman, and that there was a large balance due from him on the 31st December, 1865, amounting to over 30,000l. I was not aware that the balance due from Kleman had increased between the 31st December, 1865, and the 31st January, 1866, to over 100,000l., so I never communicated to the directors. I do not know whether the company had any security for the balance of 108,000l. due from Kleman, nor do I know of any book of the company from which that information can be derived. Kleman was a large commission agent. I had an account with him personally. He does not owe me anything. There is an open account between us. Q. Have you received any money from Kleman? (The witness objected to answer this and other questions, as relating to private transactions between himself and Mr. Kleman.) I have not kept any books since January, 1866. I can't recollect where I recorded my private transactions with Mr. Kleman. They amounted to 30,000l. I can't say from what materials I could make out an account between myself and Mr. Kleman or check his account. I have not in my possession any materials, memoranda, or papers from which I could make out an account with Mr. Kleman of any transactions. I have no letters in my possession from Mr. Kleman, and I think I never had to the best of my recollection. Q. Do you keep a banking account at the present time? (The witness declined to answer.) Q. Have you kept a banking account since the 1st of January, 1866? (The witness declined to answer.) Q. Has Kleman made advances to you from time to time? A. He has rendered an account. I do not
know where Kleman is now. I saw him about two or three months ago in London. I do not know whether any portion of the balance of 108,000l. due from Kleman on the 31st January, 1866, has been paid. I look at the advance ledger, marked T6. I do not know what was the balance due from Kleman on the 3rd March, 1866. Q. Have you any reason to doubt that the entry to the debit of Kleman at page 12 of Exhibit T6 of 184,838l. 9s. 3d. is correct, and that that sum was on that day due from him to the company? A. I know nothing about it. It formed no part of my duty as managing director of the company to receive moneys on account of the company, and I have received no moneys from Mr. Kleman on account of the company since the 31st January, 1866. I decline to answer the question so far as it relates to private transactions between me and Mr. Kleman, inasmuch as there are important questions pending between us relative thereto. I protest against your right to ask a question as to my banking account, but I state that I have had no private banking account since the stoppage of the company. Q. What date do you refer to when you speak of the stoppage of the company? A. I can give on other answer. I look at the minute book of the company, market T I was present at the meeting of the 1st March, 1866. Q. Had the company then stopped payment? A. I believe not. Q. Had you a banking account on that day? A. I can't say. Q. By that answer do you mean that you don't know or that you decline to say? A. I can't recollect. Q. Who were your private bankers before that time? A. Bar-nett, Hoare, and Co. Q. Have you drawn out all the money that stood to your credit with them? A. I decline to answer. Q. Where are your old pass books with Barnett, Hoare, and Co. A. I have them in my possession. Q. And the counterfoils of the cheques you drew upon them? A. I may or may not have them. Q. Have you, to your knowledge or belief, destroyed any counterfoils of cheques drawn by you on Barnett, Hoare, and Co. since the 1st June, 1866? A. Not to my knowledge or belief. Q. Then, if not destroyed, they would necessarily be in your possession? A. Yes, and I have no doubt they are."
RICHARD SPUR . I am clerk in the office of the Registrar of Joint Stock Companies—I produce the original memorandum of association of the Joint Stock Discount Company Limited, the articles of association, and this is the certificate of incorporation. (The company was registered on the 21st February, 1863. Articles 3, 50, and 51 were ready defining the objects of the association and the terms and nature of the defendant's engagement as managing director.)
Cross-examined by MR. COLERIDGE. Q. How many shares stand in the name of Mr. Giles Loder? A. 500—he has now 1850—I cannot tell from whom they were transferred to him—the share list gives the number of the transfer, but does not show the names of the transferors or transferees—on the 8th February, 1864, 1180 shares stand in Mr. Wilkinson's name—(referring)—I find none of the 1850 shares held by Mr. Loder were transferred to him by Mr. Wilkinson; they were transferred by various persons—there are as many as twenty transfers.
MR. POLAND. Q. When the company stopped the defendant was registered as the holder of 100 shares? A. Yes—I believe 100 shares is necessary to qualify a director—in February, 1864, he held 1180—on
the 30th December, 1864, he held 100, and has held them ever since—on the 3rd November, 1863, 1500 shares were tranferred into his name.
MR. HILL (re-examined). I know that the shares which stand in Mr. Loder's name are in truth Mr. Wilkinson's shares; I do not know anything about the calls—I should think he was the largest shareholder—I have heard about the shares from Mr. Wilkinson, and also from Mr. Loder.
MR. GIFFARD proposed to read an entry in the cash-book of September, 1865. MR. BARON PIGOTT inquired whether it was specifically referred to by the defendant in his deposition, or whether there was any evidence to show that he had personal knowledge of the entry or was ever seen to overlook the book; and upon MR. GIFFARD replying in the negative, he refused to admit it.
Martin Tupper Smith, Esq., John Gurney Hoare, Esq., and nine other gentlemen deposed to the defendant's high character, for honour and integrity for many years.
GUILTY . Strongly recommended to mercy by the Jury on account of his previous good character.— Five Years' Penal Servitude.
NEW COURT.—Wednesday, January 9th, 1867.
Before Mr. Justice Shee.
MESSRS. METCALFE and STRAIGHT conducted the Prosecution, and MR. RIBTON the Defence.
JAMES GRIFFIN (Police Inspector K). On the night of the 5th December, a few minutes after twelve o'clock, I went to the prisoner's house, 3, Queen's Terrace, Commercial Road, Rotherhithe—I had been to a large fire at Bow Common, and was called from there by Smith, and rode with the salvage corps men on their waggon—when I arrived I found Sherman in the shop—there is a window in the shop door, the shutter of which was driven in, so that there was a large aperture in the door, and the door was found partly open—there were bolts on both sides, and it was still bolted on the back or hinge side, and the socket of the bolt was strained or bent—the shop was full of smoke, and there was a little fire flickering round the gas pendant at the ceiling—some crinolines were hung about the shop suspended to strings—the firemen were at that moment extinguishing a fire under the counter the further end from the shop door, trampling and kicking it—it consisted of paper, a portion of an umbrella, burnt, and the remains of some children's stays, and rags—the fire under the counter was nine feet distant from the fire round the pendant, taking a vertical line, and the face of the counter would prevent any fire falling under it; you have to go round it or over it to look under—there was no fire between the two I have described—I then went upstairs and found a fire on the floor in the front room and firemen extinguishing it—it corresponded with the fire about the pendant downstairs, only that it was larger on the upper side; it was about fifteen inches square, while that underneath was about nine inches by five—the gas pendant was fixed to the rafters of the ceiling—the burner was three feet four inches from the ceiling—the hole immediately over the gas pendant was about fifteen inches square and was completely destroyed—the whole of that room was on fire; it was charred all
round—there were two beds in that room about two feet from the square hole and within reach of the flames—I then went to the back room and found the paper all stripped down, from the ceiling downwards, and hanging in festoons across the door about breast high; it had come clean away from the wall, and the part which had been pasted over the door hung across it; it was as if the paste had been damp, it had come away so easily—before I could get into the room I had to divide the paper by a stroke of my hand, as I could not get in walking upright—I then looked under the bed—there was no fire in that room that I observed, but one of the flooring boards was raised about three-eighths of an inch above the level of the others—this is the board (produced)—I examined it again next day, and found it charred on the under side; it smelt strongly of paraffin, which was on the under side, and the edges of the boards on each side were saturated with paraffin—I saw this rubbish (produced) taken from immediately under the board; it was tried there and then, and it burnt as an inflammable oil would burn, though it is ordinary plaster—it still smells strongly—a piece of shaving was also lighted and it burnt—I found the ceiling underneath that place stained with oil to the extent of thirty inches by eighteen—I got a fireman to push a long screwdriver through at that spot, and had a portion of the ceiling cut away with an axe, and have a portion of it here—it smells strongly of paraffin—a piece of it was ignited at the police-court by the Magistrate's order, and it burnt with a clear flame, as gas or oil would burn—I examined the plaister round the gas pendant in front of the shop, and it was in a similar state for about forty-one inches by fifteen (the first place was where the gas pipe goes through to the back of the shop)—I found that that burnt clearly also—the fanlight was obscured by a large piece of board, fastened by two screws at either end, which would prevent the flare of the flame being seen from the street—on the floor of the front kitchen I found some sawdust and small chips of wood, showing that somebody had been at work—I have applied them to the board which was taken down from the fanlight and they correspond—a door was missing from the coal cellar, and I found that it was part of it which was over the fanlight—I found the whole of the door—it had been recently sawn, and I found a saw and sawdust on the cloth of the kitchen table—the fireman handed me, in the parlour on the night of the fire, a bottle of paraffin containing nearly a pint, and I found a paper in a box on the sideboard. (MR. CHARLES YOUNG, solicitor, here proved the service of a notice upon the prisoner, and also upon his solicitort to produce his policy of insurance.) I read the paper to the inspector of the fire brigade, and the superinten-deut of the salvage corps, and then put it back into the same box—I made a search for it afterwards.
Cross-examined. Q. You say that you found a piece of paper? A. Yes, with printing and writing upon it—it was in a little oak box without hinges, about fifteen inches square—there were other papers with it, an agreement for the house, which I read, and the other papers also—there were two papers at least, and a private letter or two, which I did not read.
JOSEPH SMITH . I am a member of the salvage corps which is attached to the insurance office—I saw Inspector Griffin take a paper from a box on the premises and return it to the box—a few hours after that I saw it in the prisoner's hands, he read some portion of it to me, and I never saw it afterwards—I was left in possession.
Cross-examined. Q. Did you see Griffin read it? A. No, I saw it in
his hands, and saw him take it out of the box—I believe he read it, but not to me—he opened it, read the contents, and put it back in the box—there was, I believe, another sheet of paper with it—I did not examine it—the prisoner afterwards took a paper of the same size and colour from a little box with the lid broken off, which lay on the right-hand side of the sideboard, and I saw it in his hands when he was sitting by the table in the same room.
MR. METCALFE. Q. Did you hear the prisoner read it out? A. Yes, it was respecting the stock, tools, and furniture—it was a policy. MR. RIBTON objected to any secondary evidence of the contents of the policy, as it was not proved to have been effected by the prisoner, or that he was cognisant of its liaving been effected. The COURT considered that that would be a question for the Jury.
JAMES GRIFFIN (continued). It was headed "Liverpool, London, and Globe Insurance," and purported to be the insurance of Frederick Bicknell, on his furniture and effects and cooper's tools; but there was a clause that they were not to be used on the premises—the house was stated to be 3, Queen's Terrace, and that it was in trust for his wife, a stay and crinoline manufacturer—the policy was stamped—there was 150l. on the furniture and effects, and I think 140l. on the stock in trade, 60l. on the shop fittings and fixtures, and 50l. on cooper's tools, the whole making 400l.—the 23rd October was one date, and another was 9th November—I produce a list of the effects in the various rooms, made by a constable and myself, he wrote it while I called them over—those are all the goods which were on the premises—on the night of the fire I saw the prisoner at his house about twenty minutes past one o'clock with his wife, two children, a little servant girl, and two men—he gained access to-the house by the back door—I know that, because I was at the front door, and he did not pass in that way—the salvage corps man called me, and I found the prisoner in the back parlour—I said to him, "Are you the proprietor of this place?"—he said, "I am; this is a mysterious matter; can you account for it? it is a bad job"—I said, "It is to be hoped you are insured?"—he said, "I have been to an office, but it is so recently that I am not sure they will pay me"—I said, "If you have paid your premium and got your receipt and policy they will pay you"—he said, "If they do not I am a ruined man"—we walked about the premises, and there was a good deal of conversation as to where his family should sleep that night—next day I went to the docks with Mr. Rees, who began to ask the prisoner questions—I said, "You had better stop, I am going to apprehend him; I am not allowed to ask him questions, and you cannot do it"—Mr. Rees said, "You are insured in our office; do you mean to make any claim?"—he said, "Of course I must be recompensed" or "compensated for my loss"—I then took him in a cab to Arbour Square Station and charged him—I found a paraffin lamp, on the night of the fire, standing on the mantelpiece, the chimney was unattached and lay behind the lamp; the fireman raised it and said, "This lamp is empty"—the brass part of the burner was hanging aside loose—these are termed crinolines (produced), but they are not; the waist is sewn together—these three are entirely saturated.
Cross-examined. Q. How many firemen were there before you arrived? A. Two or three from Ratcliff station and a small hand engine—the water had not been playing on the flames, they were kicking it out with their feet, and were just about to use a small hand pump, which you can work out of a bucket of water like a large syringe—a bucket or two of water
had been thrown before I arrived—I do not know how many, but only on the first floor rooms, which were a little wet—the shop was perfectly dry—they had broken two bars from the landing window where there is a cistern, and they had two buckets—these crinolines are dummies, such as tradesmen hang about—the gas meter is under a framework for goods to be exposed upon, in front of the shop under the window, and the pipe is laid from that—it ascends and runs between the ceiling and the flooring to where the pendant is, and afterwards to where the second batch of paraffin was—the gas pipe was melted—there had been a good deal of fire in the front room when I arrived—the flame had spread through the whole of that room—the fire under the counter was nineteen or twenty feet from the meter—ten persons may have arrived before me—I mean to say that I read the paper so carefully as to tell you the contents—the fire was wholly extinguished then, but I stopped to see the proprietor come home, to judge what I should do—I have used the words "a paper which appeared to be a policy of insurance," because I was not allowed to say that it was a policy, but I know what a policy of insurance is, because I am insured myself—the prisoner came home at twenty minutes to one, and remained about half an hour—he sent his wife away first, and there was a tall gentleman named Strannick; he left the house I think before me—there was a great deal of conversation, and he said he was determined on going to the inspectors of the fire brigade, and they should find him a lodging—I had not drawn his attention to the policy, but I asked him if he was insured—he left saying that he would see the super-intendant, and I left just afterwards—Mr. East came down in the morning, and after a conversation with him I determined to apprehend the prisoner—I found him at his work—he is a foreman cooper at St. Katherine's Docks—his family had gone to 101, East Street, their servant's house—I had a constable to watch them there—I do not know what became of the prisoner—I had a constable to watch him also—he told me that he should go to the fire brigade station, Wellclose Square, and I found that he did so—I have been close upon twenty-one years in the police, and have been to every fire in the district—flame will not often go round corners, but it will follow a gas escape—I have had my attention drawn to many fires, the cause of which was never discovered, and some were very suspicious ones—fires frequently arise from trifling matters—the paraffin lamp on the back parlour mantelpiece, did not appear to have been overturned, there was no paraffin about, nor was the lamp or the glass broken—the shop goes into both rooms, and there is a room built out beyond, which is used as a sitting-room—there were no candles or matches in the shop, they could not have been burnt there unless they were under the counter—this fanlight would shut the view of the flames out from the street, but that would not apply to the fire on the first floor—I saw that on my arrival, and the windows were cracking and flying—the fire originated in two places, lighted within a minute of each other—I should imagine that the fire upstairs was lighted first, a person would not light the downstairs first and go up afterwards, for fear he should not escape.
MR. METCALFE. Q. Did the fire between the floor and the ceiling communicate with the fire in the front room? A. Not at all; nor with the counter; there were three independent and distinct fires.
JURY. Q. Was the gas turned on at the meter? A. It was turned off when I got there.
HENRY SHERMAN . I am a photographer, of 3, Queen's Terrace, Commercial Road, next door to the prisoner—on December 5th, about half-past eleven or twenty minutes to twelve, I heard a cry of "Fire!" and on looking out I saw a fire on the first floor—somebody burst the door open and I went in—I saw the gas pendant alight and the ceiling all round it—I do not think, the burners were alight—I went upstairs and saw the first floor burning, and a bed which I thought the children were in, but there was no one in the house at all—I came down, borrowed a light of a policeman, and turned the gas off, which is under the counter board—I am sure it was on—I saw no fire under the counter—there is a large window-board—I did not go round the counter—I ran through the opening to get to the door—I waited till Inspector Griffin came.
Cross-examined. Q. Did you see the firemen there? A. Yes, I was there before them—I went into the shop before them—I saw the flame playing about the ceiling—the gas was flaming up from the leaden pipe, which was dripping, and that made me turn the gas off—there was no light at the burner, there could not be, because the pipe was unconnected with the pendant by the pipe burning and melting away—the gas had gone out in the burner—I stayed in the shop about an hour or an hour and a half—I heard the firemen say that there was a fire under the counter, and saw them kick the ash, but I did not see it burning—they went behind the counter and kicked some rags and different things, shavings or something.
MR. METCALFE. Q. How fer was that from the meter? A. Twelve or fourteen feet—I might have been half an hour or an hour in the house before the inspector came.
WILLIAM SWANTON . I am superintendent of the salvage corps, and have been attached to the fire brigade nearly nine years—on the 5th of December I was at the fire on Row Common, and from information I received I went to the prisoner's house about twenty minutes to twelve—the first floor was burning fiercely about the ceiling of the shop, and the flooring of the room over it—I managed to put it out, and then returned to the shop and saw a second fire under the counter, twelve or fourteen feet from the level of where the fire was burning on the ceiling—it was a quantity of rubbish and waste paper, and some cuttings like these, used in their business—I saw some crinolines hanging up, to which paraffin or something of that description had been applied—as no water was to be had, I stamped out the fire under the counter, and kicked it about the place—next morning I saw that the ceiling not only in the front but in the back room was stained, showing that oil or grease of some kind had been used, and a board in the back room was half an inch above the level of the ordinary flooring, showing that it had been lifted up and not properly placed back again—I saw that something had been thrown under it, and each side of the board was marked with oil; if the oil had been placed in while the board laid there the board would have been smothered with it as well—I took out some rubbish, applied a light to it, and it burnt as brightly as a candle, or more so, and so did the plaster ceiling underneath, which I tried a piece of—a piece of paper steeped in paraffin could not burn much fiercer—the fanlight over the door was blocked up—I saw some wood and sawdust in the kitchen corresponding with the wood over the fanlight—there is no doubt that the fire in the ceiling originated in the flooring over the ceiling, but not from the gas, and my impression is that it began between the flooring and the ceiling of the shop.
JAMES COOPER . I am foreman of the salvage corps, and hare had fifteen years' experience—I went to the prisoner's house on the night of the fire—it had been burning ten minutes or a quarter of an hour—I noticed the fire in the ceiling—in my judgment it originated between the ceiling and the flooring of the first floor—that must have been independent of the other fire—I assisted in extinguishing a bedstead which was on fire.
Cross-examined. Q. At what time did you get there? A. About half-past eleven—I should not say that the fire had been burning there more than twenty minutes, or half an hour at the outside—it might have burnt longer than ten minutes or a quarter of an hour if the door was kept closed—I was there before any attempt was made to put it out, and had a perfect opportunity of examining it.
RICHARD COLLINS GALLARD . I am a fireman in the salvage corps—I went to the fire at the prisoner's house—after going upstairs I went into the back parlour, and found the window barred with a screw bolt—there were sliding shutters, with a bar and a bolt to screw in; they were bolted—I called one of the men to get a ladder, and get up to the cistern, which is on top of the watercloset, and I went to the staircase to take the water from him through the window—there was no water before that, that I know of.
ROBERT LOWE . I am an auctioneer and valuer, of 2, Southampton Street, Strand—on the 10th and 11th December I valued the furniture left on the premises at 77l. 14s. 3d.—that is, in my judgment, a liberal valuation—the household effects and wearing apparel come to 53l. 12s. 3d., the stock in trade and utensils, 11l. 9s., business fixtures, 10l. 4s. 6d., and cooper's tools, 2l. 8s. 6d.
Cross-examined. Q. Were you sent by the insurance office after the fire? A. Yes—I do not know whether they had sent before the fire—in the business fixtures I included a sixteen-feet counter, for which I allowed 30s.—the prisoner was not present, nor was there any one to represent him that I know of—several men were there—I think the counter could be put up for less than thirty shillings—there was a gauze wire-blind in a mahogany frame, which I value at seven shillings—I have not got a plate glass front, but there was one—I cannot say the value of it, because I did not notice it—the value would depend on the quality of the work, and whether it was Spanish or Honduras mahogany—it may be worth from ten to twenty-five pounds—twenty-seven shelves are included; I value them at a shilling each—I know of no blinds but the gauze wire-blind which was over the window, dividing the parlour from the shop; it was about two feet three by one foot two, and was an old one before the fire—it was not burnt at all—the gas fittings are included, but not the stoves—I valued the whole at 77l. 14s. 3d., but supposing everything was new I should add another twenty pounds—this is my list (produced).
MR. METCALFE. Q. Have you allowed for the articles as if before the fire.? A. Yes.
ALGERNON PELHAM VALENTINE . I am a clerk in the Liverpool, London, and Globe Insurance Office, Poultry—the prisoner was insured there—I produce an abstract of his policy—it is not the document from which the policy is made out, it is a copy of the policy before it is issued—I examine policies before they go out—I do not receive the premiums—this (produced) is the proposal originally sent in—I cannot say who sent it—on the basis of this proposal the policy is prepared, but we have verbal instructions—this is the writing of a clerk in the office—I cannot say his
name—he writes down the instructions and receives the premium, and upon those instructions he makes out the policy—this policy contains a correct abstract of the policy sent to the prisoner—I had nothing to do with writing it, only with examining it—I handed it over to Mr. Upfold, the policy clerk, who is here.
COURT. Q. Is Mr. Upfold the person who receives the proposal? A. No; various clerks do that—a reeord is kept in the office of the numbers of the policies and their dates. MR. RIBTON objected to any evidence of the contents of the policy, and the Court declined to receive it at present.
ELIZABETH STEVENS . I live with my mother at 101, Heath Street, Stepney—my sister Margaret was the prisoner's servant—I used not to go there, but I went on the evening of the fire about half-past five or twenty minutes to six in the evening—I saw the prisoner there, his wife, three children, and my sister—the prisoner's brother, Mr. Charles Bicknell, afterwards came in an omnibus—my sister took the baby to my mother's at not quite six o'clock, and after she came back Mrs. Bicknell, Mr. Charles Bicknell, my sister, and the two children left for Weston's Music Hall—I do not know where that is—they left about six o'clock, and the prisoner and I remained in the house alone—in about half an hour Mr. Strannick came in—they were in the back parlour and I was in the shop—they remained there a little time, and then they went upstairs, but I cannot say whether they both went up the first time—they came out from the parlour together—they had a paraffin lamp, and I think Mr. Bicknell was carrying it—they remained ten minutes or a quarter of an hour, and then came back and went into the back parlour, still carrying the lamp—I saw the prisoner carrying it again—they remained some time in the back parlour, and then the prisoner came out and called to me to go out and get some ale—it was then not quite nine—I went out and got the ale—I was not gone many minutes—I took it to them in the back parlour, and after a few minutes I went to get some steak—the fire was out, and I went down and got some wood and the frying pan, lit a fire in the back parlour, and cooked the steak—they remained in the back parlour while I did that, but the prisoner went and shut up the shop—I left about half-past nine or twenty minutes to ten—they were both there then—the kitchen floor was perfectly clean—there was no wood or sawdust about—when I left the prisoner said that he was going to meet Mrs. Bicknell at Weston's Music Hall, for he was well known there—I went out at the shop door, the fanlight was not blocked up then—the bottom of the door is glass, and I think the shutter was over the glass, but am not quite sure—I cannot say whether the door was fastened behind me—about eight months before the fire the prisoner and his family changed into that house from another, and I helped them to move their things—when I left I saw nothing uucommon and did not smell fire.
Cross-examined. Q. Was the fire in the kitchen out? A. Yes; I lighted the back parlour fire to cook a steak—I put some wood on, but no coals—I lighted the wood with paper, which I lit at the top of the gas-burner, because I could not find any matches—the gas in the shop waa alight—I made a good fire.
MARGARET STEVENS . I had been about three months in the prisoner's employment at the time of the fire—I was with him when he removed to 3, Queen's Terrace—on the 5th December I took Mrs. Bicknell's baby to my mother's at about half-past six—when I came back I waited in the shop and then took a bundle of clothes to the mangling woman—there are
three children, one is going on for five, and the middle one three, and the youngest is going on for two—the prisoner came home at about half-past five that evening and said, "I have got two orders for Weston's Music Hall, but I will not let you go unless you take Mr. Charles Bicknell with you"—Mrs. Bicknell and Mr. Charles Bicknell and the two children and I went out about seven o'clock to Weston's Music Hall—we got back to the Royal Exchange at about twelve o'clock—I did not see the clock, but as we went by Bennett's clock in Cheapside it was ten minutes to twelve—we waited at the Iioyal Exchange about a quarter of an hour, and then the prisoner came up, and Mr. Strannick—we walked down the street, and on the way home the prisoner said, "You had better not go the front way, because it is bolted up"—we went in the back way, and found the firemen and policemen—I did not see a shutter over the fanlight—on the night before this Mrs. Bicknell sent me with this bottle (produced), to get some paraffin oil—the prisoner was there—I filled the lamp with it—the oil used to last about a week when I filled it—I left the rest of the paraffin in the bottle and put it in the cupboard—on Wednesday evening the 5th I was in the kitchen a little before Mr. Bicknell came in—there was no sawdust or bits of wood on the kitchen floor then; it was quite clean—I had scrubbed the kitchen floors that morning—there was no sawdust on the tablecloths—there was no wood over the fanlight when we went to Weston's.
Cross-examined. Q. Was it the Tuesday you went for the oil? A. Tuesday night about six o'clock—the prisoner came home about five o'clock on the Tuesday night, but I caunot exactly say, because they had no clock or watch—I went for the oil after he came home—he had been in the house an hour, I think, before I went for the oil—I bought it of Lawrence, next door—Mrs. Bicknell gave me directions to buy it in the little back room—no one was present but Mr. Bicknell—I am sure he had been in an hour.
JOHN ALBERT BANKS . I live at 2, Old Church Road, Stepney, and am in the employ of Mr. Lawrence, who sells paraffin oil, and lives next door to the prisoner—I remember Margaret Stevens coming on the 4th December for some paraffin oil, about half-past four o'clock—I had supplied more paraffin that day to the biggest girl.
COURT. Q. To the prisoner's daughter? A. Yes; I supplied a pint on the two occasions.
WILLIAM ANDREW REES . I am one of the surveyors of the London, Liverpool, and Globe Insurance Company—on the 6th December I went with Inspector Griffin to St. Katherine's Docks, and asked the prisoner if his name was Frederick Bicknell—he said, "Yes"—I had this proposal sheet in my hand, and said, "You have a policy in our office, insuring property at 3, Queen's Terrace, No. 860,631"—he said that he did not know the number—I said, "It insures household goods for 140l.; stock in trade and utensils for 150l.; business fixtures, 60l.; and cooper's tools, 50l."—he said, "Yes"—I am sure he said, "Yes"—I said, "There has been a fire there; I have seen the premises; can you account for the fire?"—he said, "No"—I said, "I have looked at the articles there, and they appear to be very much over insured; what was the value of your furniture when you took out the policy?"—he said, "About 70l."—I said, "Why have you insured for more than there was there?"—Griffin, who had been standing outside, then came into the prisoner's office, and said, "I am going to take him in custody; you had better not ask him questions."
Cross-examined. Q. What was your object in asking those questions? A. Those arc the questions I always ask after a fire—I was instructed to adjust the loss—I only conversed with him for a minute before Griffin came in—his first answer was that he did not know the number of the policy.
COURT. Q. You have an easy mode, I suppose, of determining who it is effects a policy of insurance? A. I have no means, but I suppose they have at the office—they only ask the clerk at the counter—private houses are not surveyed and the furniture estimated before issuing the policy—it is the exception and not the rule.
MR. STRAIGHT. Q. Would persons whose property is worth 70l. insure for 400l. A. No—when the inspector came in I said to the prisoner, "Are you going to make any claim?"—he said, "Yes"—I said, "Are you going to make it out yourself, or going to employ anybody to do it for you?"—he said, "I think I shall make it out myself; I can do it better"—that was the termination.
RICHARD FELIX TAYLOR . I am steam sub-engineer—I saw the prisoner shortly before the fire, I had not known him before—he asked me if he might look at the steamer—I said yes—he looked at it some four or five minutes, and then, asked me how long it took to get up steam—I said it was all according to whether we had the gas under the boiler; if we had gas under it would take four or five minutes, if not, some seven or eight minutes—he said that he was a foreman cooper in St. Katherine's Docks, and his wife kept a crinoline shop in the Commercial Road—he asked me if I remembered the fires which had had happened a few months back at St. Katherine's Docks—I said, "Yes, I was at them"—he inquired how many there were at the station—I said six, and that two of them were special duty men and sometimes were out together for a few hours—he said that he was just insured or just going to insure—he asked me, "How is it I see sometimes three men on the engine and sometimes four?"—I said, "That is all according to the number of men we have at home; if we have four men we leave one to look after the telegraph and take three"—a long time after that he said, "Well, I never had a fire myself and do not want one, and I hope I shall never have one"—he also said, "When you are away with your steamer we shall have no help and no protection whatever if a fire happens in the neighbourhood"—he was talking to me quite three-quarters of an hour.
Cross-examined. Q. Had there been a fire a very short time before at Mr. Thomas's, the photographer's? A. Yes, that is 100 or 120 yards from the prisoner's house on the same side of the way—he said that the man was doing a nice business, and it was a bad job for him—I do not think he asked how much damage had been done; he may have—I think my fellow-servant who was with me answered his question—the first question he asked was about the engine, and then about Thomas's fire.
Cross-examined. Q. Did he first speak about the fire at Thomas's? A. Yes, and I believe I said that it was a bad job, for he had got a good connection.
MR. LEWIS. Q. Did he speak about that first? A. He spoke about Thomas's first, and then about the engine.
a fire at Bow Common—I was on the steam engine, and passed through Commercial Road and past the prisoner's house—it was then nine o'clock—I observed no fire or light then.
Cross-examined. Q. Have not you stated that you were called between nine and ten? A. If I said so before the Magistrate I said what I knew to be true at the time—I started from Wellclose Square, which is about a mile and a quarter from the prisoner's house—I was four or five minutes getting ready.
WILLIAM SMITH . I am an engineer, of 27, King Street, Ratcliff—on 5th December I went to the fire on Bow Common, and in returning I passed the prisoner's house about thirty minutes past eleven, and saw two men leave the back door, and hurry away down the York Road—I was ten or fifteen yards from them, on the opposite side—I did not see their faces, as it was dark—I described one as five feet ten, and the other five feet six—I directly looked up at the house and saw smoke at the back part—I walked to the corner and heard a cracking of glass and a cry of "Fire"—I saw a light both upstairs and downstairs, and ran off to Bow Common for the engines and Inspector Griffin.
Cross-examined. Q. Have you ever been asked the height of the two men before to-day? A. Yes, Inspector Griffin asked me—I was before the Magistrate, but was not called—I told Swanton, the chief of the fire brigade—Griffin asked me the height of the two men, and asked if I could; swear to them—I said no.
MR. METCALFE. Q. How close did you get to the two men? A. Between ten and fifteen yards, I was on the opposite side of the way; there; was a lamp, but it was dark—I could see their figures.
INSPECTOR GRIFFIN (re-examined). I know Strannick by sight, I have seen him twice, he is rather more than six feet high, and the prisoner is about five feet eight; there is about four inches difference between them.
MR. RIBTON. Q. Were you in Court when I was examining him? A. Yes, when Smith came to the fire he told me that he had seen two men leave the house—I afterwards asked him to describe them, and he gave me their heights—I have not told him that they were taller, but I believe I said, "You are somewhat mistaken as to their heights."
MR. METCALFE. Q. In what clothes were they dressed? A. Both in dark clothes, the prisoner had on the same overcoat that he has now.
MR. RIBTON contended that there was no evidence on the Count to defraud, and no evidence to make the prisoner responsible for the details of the policy, which might have been obtained by his wife or any other person; unknown to him. MR. METCALFE submitted that the intent was laid under the Act of Parliament, which made Oie intent to defraud generally, sufficient. The COURT considered that there was evidence for the Jury that the prisoner was insured in the office, and knew the contents of the policyt and that it was sufficient to state the intent to defraud generally.
Witnesses for the Defence.
HENRY STRANNICK . I am assistant warehousckeeper in St. Katherine's Docks, and have been in their employ eleven or twelve years—I am twenty-seven years old—I have known the prisoner almost the whole time, but was not in the habit of going to his house till seven months ago
—I called there on the night of the fire about twenty minutes to seven to pay a bill for a pair of stays made by his wife, which the girl Margaret had brought to my house a few days previously—his family had left, the girl Lizzy was there, and the prisoner was asleep in the back parlour—I knew he was not well and did not wake him, but sat in the parlour till he awoke—I then offered him the money for the stays, but he said that he would not take it, he never interfered in the business—he was going upstairs to change his clothes, and said, "Do not remain there by yourself, come up with me," and he went into a bedroom over the shop—I went into the room with him and remained while he changed a portion of his clothes, we went down together; he had a lamp which he had taken up with him, but I cannot say whether it was brought down—we went into the back parlour, and he finished dressing himself there—the shop was not closed then, he did not shut up till about nine—he shut it up himself—I saw the girl Stevens there, she brought some ale and steak, I ate a portion of it, he was too ill to eat any, and the girl Stevens ate some—she loft at about half-past nine, and we left about ten—the prisoner shut the shop up—the house was closed, he put up the shutters about nine, but did not close up then, he closed up directly the girl left—when he bolted the door he said, "I do not think it is safe to leave the house like that, it is not secure," and that he had got a board which he had prepared some time before, which was too long, and he would go down in the kitchen and saw an inch off—I did not see him saw it, I did not go down with him, but he brought it up and I held it while he fastened it up over the fanlight—it was done that night because he said that he did not think it was safe to leave the fanlight, as there were many bad characters in front of the house, and the house had not been left empty before—we went out at the back entrance—he was perfectly sober—I saw no ladder, nor any paraffin oil on the floor—the shop seemed secure—he left one gas burner burning in the shop, I cannot say how many burners were alight, but all the burners were not alight, he turned down some, but not all—those which were not turned out were full on I think—I did not see the time, but I should think it was ten or a quarter past, I am sure it was not later—we went into the Commercial Road near Whitechapel Church, and through Aldgate, Leadenhall Street, Cheapside, and Holborn, to Weston's—they had left Weston's, and the prisoner asked a gentleman if they were all out; he said that there might be a few gentlemen left—the prisoner said that most likely he should see his wife at the Exchange waiting for a bus—we went to the Exchange and saw them there at a few minutes after twelve o'clock; I returned with them and went into the house, which was in the possession of the police and the firemen, but the fire was out—from the time I left the house with the prisoner, between ten and a quarter past, till we returned with his wife neither he or I went back to the house.
Cross-examined by MR. METCALFE. Q. How did you go from Weston's to the Exchange? A. We walked back and got there at a few minutes after twelve—I cannot say whether people come out of Weston's at twelve o'clock, it is two years since I went there—it was not as late as eleven when we came out of the prisoner's house, because the girl left at half-past nine, and I do not think we were in more than half an hour afterwards—we came out together at the back entrance—the prisoner bolted the shop door inside—he screwed the bit of wood into the fanlight—he first proposed to do that after the girl had gone, after he bolted the door—the fanlight is seven or eight feet from the ground
—there was a pair of steps in the shop—I did not know that he cut up a door—I had not been down in the kitchen—he did not go upstairs again after the girl left—I remained in the back parlour—I could not see the staircase from there, but I could hear if he went upstairs ordinarily—when we went out at the back door he locked it after us and took the key with him—I did not notice anybody as we went out—we did not go into the York Road, but into the Commercial Road—the back door is about ten yards from the Commercial Road—it opens into the York Road, or else we could not leave the house—you get from York Road into the Commercial Road—I saw some crinolines hanging about the shop—I did not notice the ceiling—I went upstairs, because the prisoner said, "Do not stop there by yourself, come up with me"—he changed his clothes soon after I went there—I noticed nothing about the flooring at that time, and I think I should have noticed if it had been raised, because I walked to the window and looked out into the street—I think I can say that the floor was not damaged—he only went up once—I should not like to swear that he did not bring the lamp down with him and blow it out—I am almost positive he blew it out, but I do not remember it—he did not continue to burn it, because there was gas—I do not know where I saw it last, but I think it very probable he brought it down and blew it out—I do not remember whether he took any light when he went down to saw the wood; he must have had the lamp—I cannot remember whether he brought the lamp back when we were screwing the wood up—I have been joint security for him, and a borrower as well, at Aldgate—he was joint security for me when I borrowed 25l. there about three months ago—it is nearly two years ago that I was joint security for him—he renewed it again—it was for 20l.—the 25l. was lent to me when he was security—after the fire I went to business and remained there all day—I did not hear of the prisoner being taken till after four o'clock that day—all the next day I remained at business, and on Friday I went to business in the morning and was taken ill at two o'clock, and obliged to go into one of the waterclosets—I remained there till about half-past three or four o'clock—my illness was the rupture of a blood vessel—I remained in the watercloset on the premises an hour and a half—I vomited blood before I got to the closet—no one came while I was there—besides the vomiting, there were some sores on my arm—I did not show the inspector and the doctor marks and cuts on my arm; I have-a sore place here, and another here—one is a chilblain and the other a boil—I did not afterwards show a wound on my upper arm—this (produced) is not my knife, I have never seen it before—I did not notice it in the closet—on my oath I had not this knife in the closet at the time I was there—I do not see an S on it—I had a doctor previous to seeing the police inspector—I did not write and tell the doctor I had cut my arm by a tin case, I said by a box of fruit—I showed him the sore and told him about my vomiting blood—I did not cut my arm in two or three places in the closet, and it was not from that that the blood came in the closet—I went home after I got out of the closet, and remained at home all day and the next day, but I went up to Mr. Lewis's, at Ely Pluce, the prisoner's attorney, on Monday—I was well enough to do that—I was very bad, but it was necessary, and I went—after that I went back home—I went back to work last Monday week—I did not give Mr. Lewis an anecdote of what took place—I did not go to the police-court.
MR. METCALFE. Q. Had you been ill before that day? A. No, but
unfortunately the whole family suffer from the complaint—I lost a sister six months ago from decline—the doctor's name is Clark—I actually vomited blood that day—there is no truth in the suggestion of my cutting my arm—on the Thursday, the day after the fire, I went to work as usual, and the prisoner was there—I heard after business that he was apprehended—I was going to leave, with the intention of going to the police-court, and had got as far as I could get, when I was taken with that feeling in my throat, and was so ill in the closet that I was obliged to remain—the doctor saw me next day—I have lived at 2, Wellesley Street, Stepney, four years—I heard of the prisoner's remand and went to Mr. Lewis on Monday, and what was done was under his directions—the prisoner's brother was with Mrs. Bickneli when we met her at the Royal Exchange—the prisoner's house is in Ratcliff, it is a long way from there to Weston's—he and I walked to Weston's—I can say that from the time he and I came down stairs together, before the girl left, he never went up stairs again.
CHARLES BICKNELL . I am a brother of the prisoner, and have been a clerk at St. Katherine's Docks, from eighteen months to two years—on he night of the fire I went to his house at about half-past five, and left with Mrs. Bickneli and the two children between six and seven o'clock—we walked to Whitechapel Church and then took an omnibus and went to Weston's Music Hall—there was an arrangement that if the prisoner did not meet us at Weston's, he was to meet us at the Royal Exchange—we rode in an omnibus which was passing Weston's to the Royal Exchange—it was ten minutes to twelve when we passed Bennett's clock, and a few minutes after twelve when we got to the Exchange—we waited a few minutes there and saw my brother "coming from the Poultry, accompanied by Mr. Strannick—that would be the way from Weston's—he joined us and we returned home, we went in the back way and found the police and firemen in possession.
Cross-examined by MR. METCALFE. Q. Did the people all leave Weston's by the time you did? A. Yes; the place was not closed, but other people were leaving also—they were all leaving—it is closed I believe at twelve o'clock—that was the first time I was there.
JAMES PULLEN . I am a general dealer, of Queen's Terrace, Queen's Road, two doors from the prisoner—I was the first that saw the fire at his house—I saw smoke from the upper windows about eleven o'clock, and went for the engines—I looked down the York Road and saw a man about my height coming out of the premises, that was two or three minutes after I saw the smoke—I am not able to say who it was.
Cross-examined by MR. METCALFE. Q. Have you ever said to Inspector Griffiths that you saw one or two men come out, you could not say which? A. I told Mr. Griffiths only one man—I did not go to Bow Common for the engine, but to Wellclose Square, that is about half a mile—I got one in' about half an hour and came back with it—I knew the driver of the horse, a man named Orchard—there was no engine there before that—I know the prisoner, but am not a companion of his.
MR. RIBTON. Q. How long have you known him? A. Only since he moved into the house, I never spoke to him—I have only seen him coming out of the house—I knew his personal appearance—I made it my business to speak to Griffin next day—there is no truth in the suggestion that I said one or two men.
Docks, and have known the prisoner ten years—he bears a very good character—I visited him at his house on the night of the fire, and saw the family—I went about five o'clock, and stayed till about a quarter to six—I left Mrs. Bicknell there—the prisoner asked me to stay and have a cup of tea with him, I declined, and he said, "Do you mean to say you are going away and won't have a cup of tea?"—I said, "I have somewhere to go to"—he said, "I shall take it as an insult if you do not, for I don't think it will be right."
JAMES GRAHAM LEWIS . I am a member of the firm of Lewis and Lewis—on the Monday afternoon after the fire, Strannick called at our place and made a communication to me, in consequence of which it was under my advice that he was not called before the Magistrate—I considered it a useless expense to the prisoner if there was conflicting evidence, and therefore I declined to attend at the police-court.
GUILTY .— Ten Years' Penal Servitude.
THIRD COURT.—Wednesday, January 9th, 1867.
Before Mr. Recorder.
MR. COOK conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence.
FRANCIS BURN . I live at Hartland Road, Kentish Town—on 15th December, about half-past eleven, I was in the Hampstead Road, going towards home—Cooper accosted me and induced me to go to a public-house—it was late and the bar was being turned out, so the landlord would not draw anything to drink there—she appeared to be known to him and he drew her a gallon of beer in a jar, which I paid 2s. for—I afterwards went home with her—another woman was there—I was there for about half an hour—when I wanted to go away she took my hat—some one I supposed to be the landlord, demanded 1s. of me—I said I would not pay—a little time after that Connor came in and demanded 2s.—he said Cooper was his wife and that he should have 2s.—when he found I would not give it he knocked me against the wall, hitting me at the same time—Cooper struck me, too, seven or eight times—then Connor put his right arm round my neck, and with his left extracted 18s. and a latch-key from my pocket—he then said I had more money than that—I told him I had not—he tried to get my coat off—by this time I was beginning to get half stupefied, and, believing their meaning was that I should not get out of the house alive, I got out of the room on to the landing and rushed to the staircase window—the prisoners ran after me and tried to keep me back—I broke the window in trying to get out, and sang out "Police! murder!"—I then rushed over the stairs, holding my head, half insensible, and a policeman was outside the door when I got there—I asked where the beer was when I was there, and Cooper gave me three parts of a cup full—I saw nothing of the jar of beer—I was not drinking with the woman when Connor came in—I never said I would give them a song.
Cross-examined. Q. Had you been drinking a good deal that evening? A. No, I had only two glasses of gin during the evening, and this drop of beer in the house—I had never seen Cooper before—any woman who
meets me can persuade me to go into a public-house—I did not go to the house for a particular purpose—I went there by her inducement to help to drink the beer—that is why I wanted to know why I should have to pay 1s.—I did not ask her who she was, and what kind of a house I was going to—it was a respectable-looking place—a little girl was lying on the floor in the room, that is why I wanted to come away, when I saw the nature of the place—1s. was left on the jar I believe when I paid 2s. for the beer—I don't know whether we were going to drink the beer between us—I said, "Why not have half a gallon if you want something to drink?"—I never saw her take it to the house.
GEORGE STANCOMBE (Policeman S 13). Early on Sunday morning, 16th December, I heard a window smashing, and cries of "Murder!" and "Police!"—Burns came out of 17, Mary's Place, with both hands up to his head, and blood all over the side of his head—he described the parties who had done it, and, knowing them well, I went upstairs into the front room, where I knew Connor was living with his mother—I did not find him there—I then went into the back room and saw him behind the door, and Cooper and another woman—I said, "Connor, I want you for assaulting a man and robbing him"—Cooper said, "He didn't have his money, I had it"—I said, "At any rate, I shall take you, Connor, from the description the man gave me"—Burns had gone into the front room with me—he came into the back room and said, "That's the man that robbed me"—Connor then made use of a fearful expression, and said we should not take him out of that room—another constable was there—we had a desperate straggle to get him down stairs—he was very violent, and we got severely knocked about—we had to carry him out of the house—I handed him over to another constable, and then went back to look for the woman.
Cross-examined. Q. Does Connor live in that house? A. Yes, in the front room, not in the back room second floor, where I found him—Cooper does not live in that house—the prosecutor was quite sober—he did not first of all say Connor was not the man—the window is about half-way down the staircase.
COURT to FRANCIS BURNS. Q. In which room were you assaulted? A. In the back room, where he was taken.
----MAYBANK (Policeman 270 S). On 16th December I was on duty in Charles Street about half-past one in the morning—hearing a noise, I went to Mary's Place, and saw the sergeant with another constable bringing Connor—I went to the station with them—the prosecutor came up to me and said, "There's a woman in it"—I afterwards took Cooper in custody, from the description I had of the sergeant—she said, "He didn't have it, I had it."
GUILTY . CONNOR was further charged with having been convicted in August, 1864, to which he PLEADED GUILTY.**— Eight Years' Penal Servitude. COOPER was further charged with having been convicted in March, 1854, in the name of Margaret Frazer , to which she PLEADED GUILTY.**— Confined Eighteen Months.
MR. DALY conducted the Prosecution, and MR. GRIFFITHS the Defence.
shop and asked me if I had any cigars to sell—I said, "Yes"—he said he would get me a customer for them—I said, "All right; if you sell for me I will give you five per cent, commission"—he left, and came again at dinner time—he said he knew a customer in Cheapside, Mr. W.B. Silk, and asked me to give him twenty-five boxes of cigars—I said I would not trust him, but if he paid for them he should have them—he said, "I have no money about me; as soon as I get the money from the gentleman I'll pay you"—I went with him as far as the door of a public-house in Cheapside—he said, "Stop here at the door, and I will bring you your money"—upon that representation I let him have the cigars—five minutes afterwards he came out and said, "It is all right; I have spoken to the landlord about your diamond ring; lend it me to show him, and I will bring it back with the cigars"—I had said I had a diamond ring—he said, "Do you want to sell it?"—I said, "No, I wear it myself"—he took it and went in—ten minutes afterwards, when I saw he did not come back, I went in and asked the landlord—he said, "No one has been here with cigars and a diamond ring; perhaps he has gone out the back way"—I have never got the cigars or the ring back.
Cross-examined. Q. Did you go with the prisoner to a place called His Lordship's Larder? A. Yes, there was no conversation there between us about paying for the cigars—I gave him a receipt for the money at my shop before we started—he asked me to give him two receipts—I said, "You have never bought anything from me, I don't know why I should give you a bill"—he said he wanted two bills, one to show Mr. Silk that he had not got more than 6d. profit on each box—they were foreign cigars—the price was to have been 9s. 6d. a pound—that is their value—I did not see any money at all of his in the Larder—I drank a glass of ale with him there, which I paid for.
COURT. Q. When did you find him? A. About six weeks after, in Cutler Street, I gave him into custody.
MR. GRIFFITH. Q. Did he not complain then that he lost 3l. on the cigars? A. No.
WILLIAM BANKS SILK . I am proprietor and occupier of the Cathedral Hotel, 48, St. Paul's Churchard—there is a back entrance in Old Change—I never saw the prisoner before I saw him at the Mansion House.
WILLIAM WISE (City Policeman 861). On 9th December I saw the prisoner in Cutler Street being held by the prosecutor—I took him to the station and heard him charged with stealing twenty-five boxes of cigars and a diamond ring—he said he had a receipt for the cigars and would settle with the prosecutor about the ring—I found this receipt.
GUILTY .— Confined Twelve Months.
PLEADED GUILTY .**— Confined Eighteen Months.
MR. LILLEY conducted the Prosecution.
SAMUEL HOBY (City Policeman 189). On 29th December, about a quarter-past four, I saw the prisoners in Gracechurch Street looking at some birds in a barrow—they left the barrow and followed a man who came out of the market—they were speaking to each other—Rook went up to him and put his hand in his right hand side pocket—he dropped back and spoke to Thompson, theythen followed the men into Cornhill, and then into Cheapside—Rook then made another attempt by putting his hand to
the side of the pocket of the same person—Thompson was close to his side at the time—the person went on into Newgate Street—they went on too into Newgate Street, talking together—Rook then went up to him again, put his hand into his side pocket, and drew this handkerchief (produced) partly out—Thompson was close to him at the time—they both looked back, and then went on again after the man—Rook then laid hold of the part of the handkerchief hanging out and drew it into his hand, and the prosecutor laid hold of him with it in his hand—Thompson ran away—I told the prosecutor to hold Rook and ran after Thompson across the road—I caught him about twenty yards off—the prosecutor held Rook with the assistance of a man in the street till I came—both were taken to the station and searched—a knife was found on Rook, nothing on Thompson—I saw them in conversation about ten minutes from Grace-church Street to Newgate Street
WILLIAM PAWSON (Policeman 121 C). On Saturday, 29th December, I was off duty in plain clothes—I passed through Gracechurch Street, down Cheapside, into Newgate Street, where I felt a tug at my right hand pocket, where my handkerchief ought to haye been—I turned round and saw it in Rook's hand—I seized him and said, "You villain, you haye stolen my handkerchief"—I did not know that either of the prisoners were following me—I did not see Thompson stopped.
Thompson's Defence. I know nothing of this boy. I never was talking to him at all.
THOMPSON— GUILTY .**— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
LOUISA DAVIS . I am the wife of James Davis, and live at 5, Belyidere Road, Lambeth—on Christmas Day, at a quarter to three in the afternoon, I left my home—I have one room—it is about three feet from the street—a little railing separates it from the street—I locked the door—everything was quite safe—I returned at a quarter past ten the same night and found the window open—I am quite sure I left it shut—the door was still locked—I found my box opened, the table was moved into the middle of the room, and I missed all my clothes and my husband's, value 10l.—this coat is my husband's, and part of what I missed—these are some of the articles.
GEORGE PRUDENT (Policeman 221 B). I took the prisoner on the 26th December, at about two o'clock in the morning, in Round Street, Westminster—he had this coat on and another coat underneath it—his wife was with him—he wanted me to let go of his hand, as he wanted to speak to his wife—I told him I should not—he did not say anything to her, but wanted to leave this coat with her—I took him to the station, and asked him how he came by it—he said he bought it in Petticoat Lane for 21s.
WILLIAM MORRIS (Policeman 125 B), I was on reserve at the police-station when the prisoner was brought in—I helped him off with his coat—it was too small for him—I examined it and asked him how long he had had it—he said four months—I said, "Where did you get it?"—he said, "I bought it in Petticoat Lane of a Jew"—I said, "What did you give for it?"—he said 24s.—I said that the coat never was bought for
ehat money, and that it was above his style—he did not say anything to that.
ALEXANDER HUDDY (Policeman 2 B). I was present when the prisoner was apprehended, coming out of his house in St. Ann's Street, Westminster—his wife was in the back room—on a shelf in that room I found these three duplicates—I told the prisoner he was charged with entering a house in Lambeth and stealing a coat—he said, "Let's hear the warrant; let's have it all right; I'll go quietly."
HENRY RICHARDSON . I am assistant to Messrs. Amherst, 12, York Street, Westminster, pawnbrokers—I produce three bundles pledged on the 26th December—I cannot say whether at one time or not—these are the tickets I gave.
GUILTY .— Confined Twelve Months.
MR. COOPER conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence.
JOHN SHEPHERD . I am a whipmaker, and live at 54, Gray's Inn Road—on the 20th December, about five o'clock or a little after, I went into the Black Bull public-house, Gray's Inn Road—a person was there—I cannot swear it was the prisoner—I went out to go home—some one followed me—I afterwards went into the Marquis of Granby—the same person went in with me—I treated him—I was somewhat the worse for liquor, but knew my way home—the landlord left the bar while I was there—I went away down Baldwin's Gardens—at the corner of the turning to the left there I was hit in the ear, which made my ear bleed and knocked me down—it was by the same person who was at the Bull and who followed me from the Bull—the prisoner is about that height and size—he is similar to him—when I was on the ground he knelt across my chest—I could not call out—I struggled with him—he got hold of my watch and chain and took away a part of my finger with it—he got away—I saw the prisoner at a public-house in Holborn on the 21st—the constable was with me at the time—witnesses were called to see him and they swore to him—I am quite sure my watch and chain were safe before I met the person.
Cross-examined. Q. Did you go into the Bull with the person alone? A. Alone—I left the Bull alone.
GEORGE SUTCLIFFE . I keep the Marquis of Granby, Gray's Inn Road—on the evening of the 20th Shepherd came in with the prisoner—I am quite sure of the prisoner—nobody else was in the house—Shepherd called for some gin—I told him he could not have any more, for he had had enough—he said, "I don't want it myself; it is for this gentleman by the side of me"—I went out and told Mrs. Shepherd to come and see after her husband—when I came back he had got outside the door—soon afterwards a little girl came in and gave a watch to Mrs. Shepherd—the time was from five to half-past—I am quite sure of that—there was gaslight—knowing Mr. Shepherd, I particularly noticed the man, as sometimes Mr. Shepherd has a large amount of money about him,
Cross-examined. Q. Had you never seen the prisoner before? A. Never.
COURT. Q. When did you see him after that? A. On the Friday evening he was taken—I was asked to go into the public-house and see if
there was any one there I knew—I recognised him immediately—several other men were there—he had not a scar on his face on the Thursday.
ELIZA EGERSDORFF . I live at 34, Baldwin's Gardens—on the 20th December, between half-past five and six, I came out of my house and saw Mr. Shepherd and another man struggling—the other man had his back turned to me, so that I could not see his face—I went indoors and came out again in about ten minutes—in the gutter where they had been struggling I picked up a watch and took it to Mrs. Shepherd.
THOMAS JONES (Policeman 165 G). On the evening of the 20th December I received information of Mr. Shepherd being robbed—I saw the prisoner in the Guy Earl of Warwick on the evening of the 21st—I fetched Shepherd and the remainder of the witnesses, Mr. Sutcliffe, the little girl, and the little boy Turner—other people were in the house—Turner picked him out first as the man who had robbed Mr. Shepherd, and then Sutcliffe—I took him into custody.
Cross-examined. Q. Did the prosecutor identify him? A. He believed he was the man—the little girl did not identify him, she only saw his back—Turner and Sutcliffe were the only persons who picked him out.
CHARLES EDWARD CARPENTER . I am a writer on glass, and live at 51, Ironmongers' Row, St. Luke's—I know the prosecutor—on the 20th December, about a quarter past five, I was going up Baldwin's Grardens—when I got to the cross I saw Shepherd on the ground, and the prisoner above him, trying to release himself from Shepherd, and to douse him in the water—his trousers gave way, Shepherd lost his hold, and he escaped—I said to the prisoner, "Why are you using the man in that way?"—he said, "What does he want with me? let me go"—there was gaslight—I saw the prisoner distinctly—I was there five minutes while this was going on three or four feet off—I am quite sure of him—I saw him again on Monday week in Holborn.
Cross-examined. Q. Do you mean to say you stood by four or five minutes and did not interfere? A. I do—I did not see a man named Francis Pluck there till after the prisoner was gone—the prisoner was dressed in a grey coat with a velvet collar and what they call a "Fenian" hat.
JOSEPH LOGER . I am a looking glass manufacturer, of 47, Baldwin's Gardens—on the 20th December, about a quarter past five, I saw the prosecutor standing up against a wall in Baldwin's Grardens and Shepherd persuading him to go down, not exactly pulling him down—I did not interfere—I am quite sure the prisoner is the man—I had never seen him before.
Cross-examined. Q. Did you not in your evidence before say, "The prisoner is the person, I don't think I have any doubt?" A. Yes—he was dressed in a light coat and velvet collar, and what they tell me is called a Fenian hat.
COURT to CHARLES EDWARD CARPENTER. Q. Had you ever seen the prisoner before? A. Many times, in the company of notorious characters.
JAMES TURNER . I am getting on for twelve years old—about five or six o'clock I was in the passage, inside my door, in Baldwin's Gardens, and saw the prisoner strike the prosecutor on the head with a stick with a knob on, and move him by his two shoulders into the gutter—I was a little further off than I am from you—I am quite sure the prisoner is the man—I could see clearly—I looked about five or six minutes—there was no
gas burning, it was dark—the prisoner had a white coat with a black velvet collar—his hat was round, like a wideawake.
Witnesses for the Defence.
GEORGE CADBY . I live at Upper Holloway, and am a steel polisher—the prisoner is in my employ—he was at work for me in December last—on 20th December he was at work in the shop from two o'clock in the afternoon till ten at night—to my knowledge he was not absent any part of that time—he did not go out to tea—I forbid any of them doing so—he had tea on my premises—I distinctly remember, this 20th December, that he was in the same place from two o'clock till ten—he was doing some work which was most urgently wanted to go round the coronals of a church which was opened on the following Sunday—tea was had in the workshop where we all work together—as large as this Court I suppose.
Cross-examined. Q. What were you doing? A. I was in the same shop at work—the prisoner does the roughing—he does that always, but I particularly fix this night because the work was so urgently wanted—I was looking to see him doing it—I heard what he was charged with on the Saturday morning; I was astonished—the workshop is a little over a quarter of a mile from Baldwin's Gardens—there were fourteen workmen in the shop.
COURT. Q. Did you observe at any time any injury to his face? A. Yes, he had a mark on his cheek for several weeks.
THOMAS WALTON . I am foreman to Mr. Cadby—I keep an account of the time the men work—I well remember Thursday, 20th December—the prisoner was at work on that day from twenty minutes to nine in the morning till one, and then from two till ten minutes past ten at night—we had the time put down on a slate, and then put in a book—I was in the room the whole of the time, if he had been absent I must have known it—he might have gone as far as the watercloset in the afternoon, that is merely through the door to the bottom of the stairs—he could have gone into the street from there, but if he had been out more than a few minutes I must have noticed it—I did not miss him once during that afternoon.
Cross-examined. Q. How many men were at work in the room? A. The prisoner was the only man, but besides him we had two apprentices, three females, and four boys at work—he has been six months in Mr. Cadby's employ—if a man was in the watercloset more than fifteen minutes I should have gone and made inquiries about him, as we do not allow any one to go out in the road—I don't know that I ever had occasion to go down to see if he was there.
THOMAS MORRIS . I work at the same place with the prisoner—the prisoner was at work on Thursday, 20th December, from nine o'clock in the morning till ten at night—I was in the same room with him—he might have left the room for three or four minutes—we had tea at five o'clock—it lasted half an hour—the prisoner was there during the whole of that time—I fetched the tea from Newman's, in Oxford Street—that is about two minutes' walk—I fetched it just as the bell was ringing at five o'clock.
Cross-examined. Q. Are you one of the apprentices? A. Yes, I have been very friendly with the prisoner—I am quite sure he did not leave the room from from five to half-past during the time I was in the shop—I am sure of that night, because I fetched in the tea, as none of the lads were in the shop—I think he was at work on some large rings, coronals, brass
work—my master was in the room in the afternoon—he went out at five o'clock—I cannot say when he came—lie might have come in before six, I cannot say—the foreman was there having his tea, sitting on the steps of the office door—the rings were for churches.
COURT. Q. Did the prisoner leave the shop? A. He might have left perhaps about once in the afternoon—I did not see him go down a second time—I did not notice the time when he went down—I am sure he was there when I came in with the tea—he said to me, "I cannot go out; will you fetch my tea?"—I fetched it, and found him there when I came back.
MARY SEGO . I live at 29, Penton Street, Brunswick Square, and am in Mr. Cadby's establishment—the prisoner was there on the 20th December—from half-past nine till a quarter past nine, when I left, I was working in the same room with him—I never missed him at all during that time—he sent one of the apprentices out for coffee when it had just turned five—a bell rings at five.
Cross-examined. Q. Do you know what, kind of coat he were? A. I did not take particular notice—he had a black hat: one of those crowned hats.
MARY ANN SIMPSON . I am the wife of John Simpson, and live at 56, Hatton Wall—I work for Mr. Cadby—on Thursday, the 20th December, the prisoner was at work there—he was at work when the bell rang—I did not see him go out from that time till nine o'clock, when I left—I am quite positive he did not go out from the time the bell rang until after we finished tea—he was opposite to me.
Cross-examined. Q. Did he never leave? A. He did not—he wears what we call a Fenian hat—I heard of his having been taken into custody on Saturday morning, and that he was charged with having been away on the Thursday: then I remembered he was there on the Thursday.
JURY. Q. Did he get his tea there on Friday? A. Yes, at from five to half-past—I recollect Thursday, because of the very large work there was.
MR. COOPER here withdrew from the prosecution.
NOT GUILTY .
MR. HORRY conducted the Prosecution.
FRANCES LUTMAN . I am the daughter-in-law of the late William Lutman—on the 3rd November, about twelve o'clock, I was fetched to see him, and sat with him till four o'clock next morning—I sent for Mr. Lee, the surgeon—he attended him—he was taken to the hospital a week afterwards—I left him there, and saw him there afterwards.
COURT. Q. Did you see him after death? A. I went to the hospital and claimed him—the body was that of my father-in-law.
LOUISA HARRIS . I am a widow, and superintendent of the Infant Nursery, Parson's Green—I knew William Lutman the last eleven years as a neighbour—on the 2nd or 3rd November I heard a disturbance in the street, and went to the door—I saw the prisoner and the deceased together—I heard the son demand some money, two shillings I think, which the father had borrowed—he said, "If you don't give it to me, you old—, I'll murder you this night"—the father said, "I have not got it"—the prisoner then said, "You old d—, if you don't give it to me I'll knock you down"—with that he fetched him a blow, and repeated the blow again—the deceased fell against the kerbstone sideways, and, from what I could
see from the door, hit the side of his head—I saw some people carry him into his own house opposite—the prisoner was the worse for liquor—the deceased I consider to have been sober—I afterwards saw the deceased taken away in a cab to the hospital; that was on the Monday week following.
COURT. Q. What became of the prisoner when the father was struck down? A. He walked away—he asked some one of the neighbours if the old b----was dead, and some one said yes—he walked some distance, came back, and said, "Is the old b----not dead?" and made as if to jump upon him, but was prevented by the neighbours.
Prisoner. My father gave me in charge once to two policemen. My father said it was not my fault; it was his fault for falling down on the kerb. I was let go, and no more was thought of it.
WILLIAM LEE . I am a surgeon, of 27, Park Road, Fulham—I was called to attend William Lutman on Sunday morning, the 4th November—he was weak and faint, and had lost a great deal of blood—there was a large deep scalp wound on the back of his head, which laid bare the bone—I dressed the wound—he came to my surgery afterwards—the wound was such as might have been caused by what has been described by the first witness—he must have fallen with considerable violence: the cut was through the scalp.
WILLIAM LEIGH . On the 12th November I was a surgeon at St. George's Hospital—I saw William Lutman when he was brought in, about half-past ten or eleven o'clock in the morning—there was a wound on the back of his head, with suppuration beneath the scalp—he went on very well till the 25th November—symptoms of blood-poison set in on that day—he died on the 1st December—I made a post-mortem examination—the cause of death was blood-poison, occasioned by the absorption of pus into the system—the original cause was not a doubt the scalp wound.
FREDERICK BOWERMAN . On the 2nd November I was sent to take the prisoner for beating his father—he said, "All right, I'll go with you"—the father said he did not wish to have him locked up—I discharged him from my custody—the prisoner said he would kill the old b----, he would—that was after the father wished to spare him.
GUILTY .— Five Years' Penal Servitude.
FOURTH COURT.—Wednesday, January 9th, 1867.
Before Mr. Common Serjeant.
After the opening of the case by MR. PHILIPPS, who appeared for the prosecution, the COURT considered there was no case to go to the Jury as to WOOD— NOT GUILTY .
MESSRS. METCALFE and MONTAGU WILLIAMS conducted the Prosecution, MR. OPPENHEIM defended Levine, and MR. BESLEY defended Wood.
on my property—on 13th December, as I was in Ludgate Hill, my attention was called to some auction rooms at No. 43, Ludgate Hill—I went in—Levine, Wood, two females, and another man were there—Levine was in the rostrum and Wood was on his right—a man came round and showed the goods on a waiter—they were put up by Levine for sale, and Wood generally made the first bid—I saw about half a dozen lots knocked down to Wood, but did not see any money pass—they appeared to be electroplated goods—saltsellers were put up which were bought by Miss Levine I believe, a lady with frizzly hair—a tea and coffee service was put up and Wood bid for it—it was started at 6l., and it was knocked down for 7l.—I did not bid for it—before it was knocked down Levine said he would warrant them the best silver, genuine electro plate, and lined with gold, and the cost price would be 20l.—when it was knocked down Wood said it was worth more than 7l.—Levine called me up and asked me for my address—I told him my name was Baron—he said, "The lot was knocked down to you"—I said it was not—before that Wood wanted to know if it was knocked down to him, and Levine said, "No, it was knocked down to that gentleman," pointing to me—he said, "You need only pay a depositn—I said, "No, I will pay the full amount"—I told him more than once that I did not bid and that they were no use to me, and he said they were worth more money, and he would warrant them—I said if they were knocked down to me I would pay for them, and I did pay for them—it was the representation of Levine, warranting them the best silver plate, lined with gold, that induced me to part with my money—some other things were put up, which I did not bid for, but they were knocked down to me five or six different times—Wood caused a dispute about them—he said he bid 6l. 18s., and asked me if I bid—I said "No," and he went to the auctioneer, who said they were not his, but they were mine—the first time he put them up he said he knocked them down to himself, and Wood said that an auctioneer could not have the first bid, and that he could not have them himself—the second time Wood said he would stand 6l. 18s. for them—they were knocked down to me—they were put up again—a gentleman asked me if I bid, and I said no, and he went to the auctioneer and said he bid 6l. 18s., and they were his, and they were put up a third time, and the same happened again—I did not bid on that occasion—they were put; up again after that—Wood wanted me to pay a deposit, and said they were his, and he said, "You are standing out for a shilling, and if you want another shilling I will give it to you"—that was the end of it—they were knocked down to Wood, who said he had 50l. to spend there, and he might as well make a 5l. note as anybody else—after that a liqueur stand was put up, which I bid for—Wood bid for it first, while my back was turned—I heard his voice distinctly—he said that he would warrant it the best electro plate and the best cut glass—that was before the goods were knocked down—he called me up again and said, "That was knocked down to you at 1l. 2s."—I said it was not and that I did not bid—I said I would pay the money down, because he warranted it the best silver electro plate and the best cut glass, and I paid the money as before—after I said I did not bid for it, and I would not take it, Wood kept on taunting me and said that I had no money—Levine wanted me to leave the goods behind, and he would send them after me, and I said I would take them with me—during the time I was in the auction room I saw no money paid except what I paid—I took the goods away with me—about an hour after that I went to Messrs. Benson's, in Ludgate Hill, with the
goods, and showed them to a gentleman—I cannot say whether it was Mr. Benson—I then returned to the auction rooms—I saw Levine—I told him that they were not what he represented, and that I wanted my money back—he said no, and told me not to have my mind poisoned by somebody outside—I asked him the second time for my money, he would not return it, and I then went away—he gave me this receipt (produced) when I bought and paid for the goods.
Cross-examined by MR. OPPENHEIM. Q. Were you spoken to outside the establishment in Ludgate Hill by Clements? A. Not on Ludgate Hill, at the King's Cross Station—he told me he had followed me from the auction room—I was very nervous—I always feel nervous going about the streets in London—I did not part with my money because I was afraid they would resort to personal violence—it crossed my mind afterwards, before I left the establishment—I parted with my money because I was frightened, and on the representations of Levine—it was not altogether because I was afraid they would resort to personal violence, partly from that—if I had not been frightened at that I should have parted with my money, I should not in the last case—I was nervous before I parted with my money in the first instance, after having been taunted by Wood—I was not very nervous—if I had not been a little nervous I should have walked out of the place altogether—I should not have left the goods there, because I had paid for them—I was determined to show that I had the money—that was partly why I paid for the goods—this is the property (produced)—I am a married man—I was not looking out for a nice present—I went in just to look round—I was never in a London auction room before—a man came round the room with the things on a salver—when I bought this first portion for 7l., and the man said that they were worth 20l., I thought I had got a bargain—I was first asked to pay a deposit—I declined to do that, and paid the whole amount.
Cross-examined by MR. BESLEY. Q. What time of day was it? A. Between three and four in the afternoon—I could not see through the shop window, it was painted over—I looked in at the door—when I got inside I looked round at all the articles—I stood in the centre of. the room—I think the room was rather longer than this and not quite so wide—I was there about thirty-five minutes altogether—I had been there five, six, or ten minutes before I paid any money—it was the whole lot of tea service that Wood said was worth more money—he said that after it was knocked down, and I believed it was worth 7l. and paid the money—I took the man's word for it—I remained there during the time they were packing the goods up—they did not write a receipt until after the goods were paid for—they had not finished packing my things when the liqueur stand was bought—I paid 1l. 2s. for that—they let me out of the side door instead of the front door—it was at no request of mine—it was not a bulky parcel—Levine carried the parcel and put it in the cab for me—I came to call a cab and there was one at the door—they put the things in and the cabman drove off to King's Cross—I was going out at the front door, and he said, "No, this is the way out"—there was no difficulty in going out at the front door—I was at King's Cross Station when my mind was poisoned—up to that time I had never examined the goods, and had not the least notion they were not worth the money—that was not after I had taken them to Benson's—I came back again and went to Benson's, and then went to Levine's and asked for the money—it was when I refused to take the liqueur stand that Wood said, "Never mind him, he has no money," and he also said it
before—I have been at public sales in the country, and at auctions—I never heard a dispute about who the buyer was at any auction.
MR. WILLIAMS. Q. I presume you have never been at these shops in London before? A. No—when I have been at auctions in the country I have seen money pass—Clements came and touched me on the shoulder at King's Cross, and said, "You have bought some things at 48, Ludgate Hill"—I said that I had some things there—he said, "Where are the parcels?"—they were in the station—he told me it was a mock auction where I had been, and they had swindled me—he said I had better take them back and ask for my money again—I said I would take them back if I had been swindled, and he said the best way would be to take them to a jeweller's, which I did—the front door of the shop was open when I was going out, and Levine shut it—the side door goes into a little passage, and then goes out into the street—the representation that Levine made was that they were genuine electro plate and lined with gold, and he said the price was twenty guineas.
CHARLES THOMAS CLEMENTS . I lived at 9, Blenheim Street, Oxford Street, at the time of this affair, and am an auctioneer's assistant—I have known Levine all my lite—I had been in his employ about three weeks or so previous to the sale of these goods, I cannot say exactly—I was in his employment five or six weeks—he was carrying on the business of an auctioneer at 43, Ludgate Hill—his sister was there—she has fair hair—sometimes she wears it in ringlets and sometimes not—she used to pretend to buy small goods—she used to bid for them and pretend to buy them—I know Wood—he entered the employment with me—we went to work on the Tuesday—his duty was to bid for goods and persuade people to buy them—while I was there I have seen lots put up and knocked down—I have never seen Wood pay for the lots—my duty was to run up the goods to a certain price, and then if a stranger in the room bid a shilling or two above me I was to discontinue bidding—I have never heard Levine give Wood any directions as to what to do—I was paid 4s. a day—I have seen Levine pay Wood, in fact we used to wait for each other and go and have a glass—I cannot specify the sum he was paid—I have seen similar services to this sold in the shop—I have seen the same kind of goods, the kettle with the four pieces, knocked down for 1l. 8l.—Wood and I did not buy them—we used to run the lot up to 6l. 18l., and if anybody bid over that we allowed them to purchase them—I was walking down Ludgate Hill—there was a man at the door who stared me in the face—I thought there was something the matter—I stood outside and Wood came outside, saw me, and went in again—they, knowing I was outside, did not know what to do, and they closed the front door—when I saw the prosecutor placed in a cab, I called a cab and went to the King's Cross Station, and there saw the prosecutor get out of a cab, and I there made a communication to him—this was three weeks or so after I left the employment.
Cross-examined by MR. OPPENHEIM. Q. Before you were in Mr. Levine's employ were you employed at mock auctions? A. Yes, on and off since I left Drury Lane Theatre—I was an assistant there to walk the stage, to act as a soldier, or anything—I afterwards went to Astley's—after that I was paid 2s. 6d. a day to fill up and appear to be one of the public, that was at 228, Westminster Bridge Road—I was not more than two months in that employment—I then went to exhibit a giant down at Deptford—I was employed as a showman to call people in—I war down
at Deptford one week—after that I went to the Westminster Bridge Boad again—I filled the same functions—I remained there about a month, and from there went to Hastings in the same employ at a mock auction—I went there as clerk to assist in taking the accounts—there are puffs at all mock auctions, and so there are at other auctions—I have never been at auctions where furniture has been sold, but I have been at auctions in Justice House Yard where houses were sold—I was at Hastings I should say six weeks—from there I came to Oxford Street—that was a house belonging to the same firm as at Hastings—it was an auction—I stood on the floor as usual as one of the public—I had 3s. 6d. a day there—I bid occasionally—I had a few words with a party connected with that house, and from there I went to Ludgate Hill—I cannot say exactly how long I was there—I was there engaged as puffer—while I worked there I did not go out of my way to tell a man he had been swindled—I never told persons they had been swindled until I left the employ—I thought it was wrong for persons to buy goods which had been puffed up—I went on doing it because I had no other living—since I left Levine's I have been out of employment—I had an idea that I should be engaged in a theatre—I have been borrowing money from my friends—the reason why Levine dismissed me was because I objected to go and work at Woolwich—I was to go to his brother's shop and do the same work—I thought if I could leave their shop at six and go to the theatre it would suit me better than going to Woolwich—I had not been watching the shop five minutes on that day—that was not the first day that I had watched it—I cannot say how many days I had done so, more than three—I thought I would inform persons that had been swindled that they had been swindled, and therefore I watched the shop for people who came out—I did not watch the Westminster Bridge shop, because it is closed—I did not watch the Oxford Street shop, because I owed them some money, I mean to do so after this—I have been at a police-court before a Magistrate once or twice for assault—I might have been twice or three times, I cannot say—these assaults were not committed by me when I was acting in these mock auctions—I was brought up before a Magistrate for assaulting a woman and was bound over to keep the peace—that took place in the street—I cannot say what street, I know it was up towards All Souls' Church.
Cross-examined by MR. BESLEY. Q. Have you any resources of your own? A. Yes, I have a sister very well to do—Wood used to persuade the people to buy—his business was very different to mine—I do not know whether he got any profit out of the business—I have seen him paid wages once—we were paid in the evening—I have seen Wood and Levine go away together of a night—me and Wood had a few words on the Lord Mayor's Show day, but nothing about this matter—he attended the same hours as I did—I used to leave him and Levine together—I have left them in the shop and gone—what they did after I do not know—I had no engagement at a theatre at that time—my reason for not going out of town was because I could not get back in time for the theatre—goods were knocked down to me at Hastings—I made out bills for the customers there—I continued in that line of life from necessity of earning my living—that is the only reason.
MR. WILLIAMS. Q. About how long ago were these assaults? A. The last was within about two or three years—I went to lay hold of a youug woman's arm and I tore her mantle.
JAMES BIRD . I live at 2, New Street, St. Martin's Lane, and am a linendraper—I know the prisoners—I was at an auction shop at 43, Ladgate Hill, about five or six weeks ago—Levine was in the auction box.
HENRY WRIGHT ATKINS . I am an electro plate manufacturer, carrying on business at 29, Ely Place, Holborn, and at Sheffield—I am in partnership with my brothers—we have been in business thirteen years—I have not examined this tea and coffee service. (Examining it)—it is Britannia metal covered with a transparent film of silver—it is the very worst electro plate—this liqueur stand is Britannia metal, and the first lot is the same—they are a full service: tea, coffee, sugar, and milk—the value of them is 30s. in a shop—the liqueur stand would be very dear at 1l.—the wholesale price of the tea service would be 21s. or 22s. at the outside—we have made them at that price—we have not made them for the shops—we made them to see if we could get a trade of that kind—the shop price is the retail price to the customers, which is 30s.—I never saw such a thing as this waiter—I cannot tell you the price of that, it is so miserably bad—it is a twenty-inch tray, and they are made at 1s. an inch, which would make it 20s. wholesale price and 30s. shop price—I never make kettles of this quality, so I cannot tell you how much it cost, it is electro plate on Britannia metal—I have made some of a better quality, which we sell at 60s. with the stand—the kettle is not complete without the stand—the lowest we make is 60s., which we make to send to Africa—when I said this was Britannia metal I did not mean all of it, there must be half a ton of lead here or something equally as heavy—the shop price would be sixty per cent, so that it would come up to 4l. 10s.—I never had anything so inferior, but the most inferior is 60s. with the kettle—we made the sets complete for a guinea for the African market, and we have also made them for goldsmiths—the coffee-pot might be about 7s.; the sugar bason perhaps 4s. 6d. or 5s., I am sure I cannot tell you; and the cream jug about 3s.—I have made them for persons to sell again—they do not fetch them out until they are asked for—I have not been present when they have been priced—30s. is a speculation of my own, any respectable jeweller would not sell them for more than that—electro plate varies in value of course—it varies thousands per cent.—we could cover that table with the silver in a half-crown—we pay 4s. 6d. per cent, for planing and gilding, and every pennyweight cost 5d. to put on—the wholesale price of this service if it was the best electro plate lined with gold would be 3l. 10s.—the retail price would be about 5l.—the waiter, kettle, and stand, and all the others, if they were the very best electro plate lined with gold, the same as Elkinton would sell, would be about 30l. wholesale and 45l. retail—the best electro plate is plated on nickel silver—these are plated on Britannia metal—the lowest is what we send to the African trade—I believe the West End people have less profit than the little shopkeepers in the East End—silver-smiths at the West End put on thirty per cent., and some only twenty-five—the little shopkeepers in the East End get what profit they can, they get from forty to fifty per cent.—I should certainly not be conspiring to defraud when I was manufacturing for the African market—I was not examined at the Mansion House—yon can see through the transparent film of silver—the whole things would be worth about 3l. 10s.
MR. OPPENHEIM (with whom was MR. SLEIGH), for Levine, submitted that this case was governed by the decision of the Court for Crown Cases Reserved, in the Queen v. Bryan (7 Cox Crim. Cases, 313), where it was held by ten of the Judges, (WILLES and BRAMWELL dissenting) that representations "that certain
spoons were of the best quality, and equal to Elkington's A, that the foundation was of the best material, and that they had as much silver upon them as Elkington's A," though false, amounted to a mere misrepresentation of the quality of a commodity, which was not the proper subject of indictment. In this case there was not even such a definite standard of quality as Elkington's A mentioned, and therefore there was less ground for holding the offence indictable. MR. BESLEY, for Wood, in support of the same objection, quoted a decision of BARON BRAMWELL at the Warwick Assizes (Reg. v. Ridgway and another, 3 Foster and Finlaison, p. 858), defining the offence within these narrow limits, that if in selling coals by weight the seller falsely represented the quantity, the offence would be committed, whereas if he were selling for a lump sum, and made the same misrepresentation, the offence would not be committed. He also quoted Reg. v. Lee (8 Cox Crim. Cases, p. 233), where in this Court it was held that the representation of a chain as gold which was a compound of brass, silver, and gold, was not a false pretence within the statute. He further submitted that there was no evidence of Wood's making any pretence at all until after the bargain was concluded for 7l., when he said the tea set was worth more money. As to the conspiracy, the Count was bad upon the face of it for not alleging by what means the prosecutor was to be cheated. Such a count in Syders v. the Queen had been held good on a writ of error, but it had never been held good before judgment. Another objection was that there was no evidence of conspiracy, and, lastly, that if there was any question of conspiracy, it could only to be to obtain the prosecutor's money by representations which were perfectly lawful, on the authority of the Queen v. Bryan. MR. METCALFE (with whom was MR. MONTAGU WILLIAMS) contended that if the Queen v. Bryan governed the Counts for false pretences, it had no application to the charge of conspiracy, and that what might be lawful for one person to do was unlawful for two to agree in doing.
THE COMMON SERJEANT. As, for instance, hissing an actor.
MR. METCALFE. Or buying goods at an auction, and afterwards dividing them at a "knock out." Any person might buy at as low a price as he could, but he must not agree not to bid against others.
THE COMMON SERJEANT, after consulting the RECORDER, said, "The counts for false pretences allege that the defendants falsely pretended that the articles were electro plate and lined with gold, and the evidence proves that those pretences were literally true. Those Counts, therefore, fail, and it is only necessary to determine whether this case is governed by the Queen v. Bryan, for the purpose of seeing whether the Count for conspiracy can be maintained. It is most important not to bring within the criminal law the ordinary enhancing of value and quality, by the seller of goods. There is always a conflict of knowledge and skill between a buyer and seller, the one wishing to buy as advantageously and the other wishing to sell as advantageously as he possibly can, and it would be very dangerous to extend the criminal law to such cases. At present the line is fixed, and there must be a false representation of an existing fact, operating upon the mind of the buyer, and deceiving him in such a manner that he cannot protect himself against it. The only means suggested upon this evidence as the means by which the defendants agreed to obtain the prosecutor's money are means which, upon the authority of the Queen v. Bryan, are not unlawful. There is therefore no conspiracy, and no case for the Jury to consider.
NOT GUILTY .
MESSRS. SLEIGH, WILLIAMS, and SHARP conducted the Prosecution.
GEORGE WELLS (Policeman 129 T). I was on duty on Tuesday night in High Street, Fulham—the prisoner is a boot and shoe maker at No. 63—the house next to his was occupied by an oil and colourman—at twelve o'clock my attention was called to the prisoner's house—he was at his passage door—there are two doors, one into the shop and one into the private part of the house—he said, "Some one has been throwing fire-works into my passage, and likewise placing squibs under my shop door"—he also said, "I shall go to a Magistrate"—I said that would be useless, he had only to refer to the police, and they would make every investigation, and that I would do all in my power to investigate and find out who had done it—he said one of the squibs in the shop had exploded, and the other two he put his foot on and trod them out—he produced the remains of one—I was standing at the passage door—I went into the shop—he gave me these two squibs (produced), which I took away with me—he said it was a very bad job, and that it was a very dangerous practice to throw them in—I said it was, and I would do all in my power to try and find them out—then the sergeant came, and we went and examined the place with the prisoner, to see if anything was set on fire, and we found no fire, either in the shop, passage, or parlour—the prisoner said he was satisfied there was nothing on fire, and I then went away—at the time the prisoner called me I did not see any person near him in the street—about a quarter to one, being still on the same beat, I heard a cry of "Fire!" and "Police!"—I was then about 150 yards from the prisoner's house—I went there and found the shop window, shop boards, and counter in flames—I did not see anything of the prisoner then—I went to get the water turned on, and with the assistance of others the fire was put out—the children were escaping from the house at the time—I did not go away from the house when I went to get the water turned on—it might have been ten minutes or a quarter of an hour after I went to the house and saw the flames that I saw the prisoner—he was in the passage—I fancied I could smell more fire about the place somewhere, and said, "What is that door leading from the shop?"—he said, "That is my little back parlour"—I said, "Will you open the door?"—he said, "Yes," and opened it—as soon as the door was opened I said, "I believe the fire is in here"—he said, "I think it is"—the door was closed, not locked—he went across to the farther end of the parlour, opened a little cupboard, and said, "Here it is"—there are two folding doors to the cupboard—I found a bundle of papers tied up in the cupboard on fire—they were at the bottom of the cupboard, level with the floor—it was a side cupboard with a shelf at the top—this is a portion of the papers—it was smouldering—they were about nine inches high—it was a square bundle, tied up tight round the middle—they were pieces of Bow Bells and pieces of music—all the woodwork of the cupboard was scorched inside by the fire—the cupboard doors were shut when I went in—the upper portion of the cupboard had no appearance of fire whatever—there was no fire in any other part of the parlour—I examined it carefully—there were no means, as far as I could observe, by which the contents of the cupboard could be set on fire by anything outside it—I felt it to be my duty to detain the prisoner, and communicated with Inspector Prescott, who came there that night and went partly through the premises with me—on detaining the prisoner I asked him how he could account for the fire in his cupboard—he said he could account for it in no other way but the fireworks coming from the door across the parlour into the cupboard—this
plan (produced) exactly describes the house, shop, parlour, and cupboard—I observed no signs of fire in the passage—the inside of the drawers in the cupboard were scorched and blistered—I do not believe it had embered—there was a sign of embering, actual turning of wood into charcoal, under the shelves—the papers were not blazing up, but mouldering—I saw the redness of an ember—it was more than scorched—it was burnt to charcoal—when I went into the house on the first occasion I observed a very strong smell of paraffin oil—I could smell it when I went in on the second occasion—I believe there were nine persons living in the house—I saw Simpson when I went in the house the first time, and heard a conversation—the prisoner made a remark about it being a very dangerous practice throwing these things, and said that it was only three weeks ago that a cracker was put into the letter box—I heard about that, I was there the very night—it was about a fortnight previous to this.
JOSEPH SIMPSON . I was steward of the ship Fairy Queen, London, on 11th December last, and lodged in the prisoner's house in High Street, Fulham—I slept there on the night of 11th December—I heard something—I had not gone to bed—I was upstairs in my room, when, about ten o'clock, we had sent the little girl out for some refreshments, and she had left the door ajar, and all of a sudden there was a tremendous blow—it was like fireworks going off—I immediately ran downstairs and saw a man in the passage—I caught hold of him by the shoulder—he was in the middle of the passage, about six or eight yards from the door—the passage runs from the High Street right through to the back of the house—it is a deep house—when I caught hold of him I said, "Who the devil are you?" he said, "It is me"—it was the prisoner—he appeared to be standing looking at the fireworks in the passage—I saw fireworks going off up and down and all over the passage—the prisoner was not trying to put them out that I saw—I ran to the door to see if there was anybody outside, and came back, and he said, "This is not the first time my house has been attacked"—I afterwards saw some fireworks under the shop door going off—I said, "It is nonsense; people cannot stop in their houses," or something of that kind—he said, "I shall make a complaint, to the Magistrate in the morning"—I did not see any man outside at that time—after I looked out I went back upstairs again—the fireworks in the shop occurred a quarter of an hour afterwards—I had gone up stairs—when I saw the fire works I called for a broom to sweep them out—I swept the remaining two or three crackers into the back yard—I went up stairs and came down in a quarter of an hour—as we were sitting there we heard the prisoner running down stairs—I went up stairs after I swept the remainder outside, and left him in the passage leading to the street door picking up the remaining pieces—I do not know what became of him after I went upstairs—he came running up stairs and said that there was another one going off, and immediately after there was a report of a squib—I followed the prisoner down—there were three under the shop door—they appeared to be in the shop—one had gone off—I sang out for some water—the others appeared to be alight—the shop door was closed at that time—when I came down the second time, the passage door was closed—nobody from the street could have thrown in the squibs without opening the door—the door that leads into the shop is different from the one into the passage—the fireworks were under the door leading into the shop, which was shut—when I told him to get some water he said, "I will put my foot on them," and he immediately stamped them out—I did not say anything more with
regard to any other fireworks—he picked the squibs up from under the door—I did not look at them—I did not see whether they had been alight or not—I did not notice them after he picked them up—he held them in his hand—they were alight, and were put out by the prisoner—when I went down the first time I did not see anybody but the prisoner, but the second time I went down I looked out in the street and saw a man in the shade of the wall close by—I ran out to see who it was—I saw the man and knew that he had just come out of a public-house close by—I then returned back to the house and closed the door after me—I went up stairs and went to bed about twelve o'clock—I did not go to sleep—after I had been in bed some time I smelt smoke, which induced me to get up—after I had looked under the grate, as I thought it might be a hot cinder, I went down stairs and opened the street door—I did not look at the shop door leading from the passage at that time—when I came back I smelt a strong smell of fire leading from the shop, and saw some smoke coming from the crevice of the door—on that I immediately ran upstairs and roused the people up—I did not see the prisoner when I was going upstairs—after giving the alarm the prisoner came running downstairs—I asked him for the keys of the doors leading into the back parlour and shop—he said he did not know where they were—he appeared in a very confused state—he followed me downstairs—I went upstairs again, in order to save my sister's children, and gave them to a policeman—the prisoner's wife and child were sleeping at the top of the house.
COURT. Q. After you ran upstairs the second time did you have any further conversation with the prisoner? A. No, I do not know how the door was opened between the passage and the shop—the prisoner had his trousers and shirt on, but not his coat and waistcoat—I do not think he had his shoes and stockings on—his bedroom was at the top of the house—his wife and child were with him—it was a quarter to one I think when I ran down from smelling the fire—I had returned about an hour and three-quarters from sweeping the crackers out—the prisoner generally went early to bed, between nine and ten—I thought it was very unusual for him to be up at this hour—I do not know where he had come from the first time I saw him in the passage—I had not noticed his movements—I have been there since September, and some friends of mine have been there longer than that.
Prisoner. Q. Do you know that I was in the back parlour before the fire occurred? A. I do not—I do not know whether it was your habit to go to bed with your wife, and then come down again—I have not heard you go up with your wife and child, and then come down again—I have not been home at that time in the evening—very likely you worked late when I was in the house—you were generally industrious, and never at a public-house—there were only three squibs there when I saw you put your foot on them—I do not know whether there was interval enough for them to be pushed under the door—they were fitted right underneath the door—I did not look to see if they projected to the outside—there was space enough to admit them.
MR. SLEIGH. Q. Are these the fireworks (produced) you describe as being along the passage? A. Yes, the passage goes right down to the back wall of the house.
JURY. Q. Is there any communication with the passage and the shop? A. Yes, there is a door.
MR. SLEIGH. Q. You do not speak of any crackers being under that
door? A. No, when I went down the first time the door between the passage and the shop was closed—I also found it closed when I went down the next time—I did not notice whether the door leading from the passage into the parlour was closed—there are two communications with the parlour.
JAMES PRESCOTT . I am inspector of the division in which the prisoner's house is situated—in consequence of a communication I went there—there are two floors, and two rooms on each floor—it is a house of about 25l. a year—I made this plan—when I got there the fire was quite extinguished—I saw the prisoner within five minutes after my arrival—I asked him if he was insured—he said, "I am, I will show you my policy," which he fetched from upstairs and showed to me—this is it (produced)—(This was a policy effected on 16th October in the Scottish Commercial Insurance for 200l. on the stock in trade and household goods)—I gave the policy back to him, because I had not examined the premises—I found on him this paper, which I took to the station—it is a list of 200 pairs of boots, and here is written a sum of money—in the cupboard in the back parlour I found there had been some paper on fire—the inside of the cupboard door was much scorched and blistered black—the under part of the shelf was scorched black—it had been on fire, but had been put out—the passage door from the passage into the parlour would be on the left side—you would have to go across the whole width of that room to go from the door to the cupboard—when I went in, the constable was standing with the paper—the cupboard door had been opened—the papers were in a packet about nine inches thick—I examined the parlour floor, the door of the passage, and the door of the cupboard, to ascertain if it had been ignited, and found no communication whatever—no marks on the carpet, nothing in the shape of what had been on fire—when I went through the passage I said, "What a strong smell of paraffin oil!"—the prisoner replied, "Yes, it is what we burn"—I observed a stronger smell in the shop—on going into the shop I found the window frame, the show board, part of the shutters, and part of the counter had been very much burnt, but the part of the counter that was burnt was further from the window—there were three feet intervening between the show board and the counter—there was nothing between the board and the counter—there were about two feet of the counter not destroyed which was nearest to the shop window—the portion of the counter that was burnt was in the back part of the shop—there is a cupboard in the shop—I observed that two shelves at the bottom of the cupboard had been smeared with paraffin oil—the cupboard door was closed, but not locked, when I got there—on opening it I found the shelves partly wet with paraffin—on the bottom shelves I saw the remaining pieces of burnt paper, which were just scorched—on the other shelf I found that piece of board, which is quite smothered with paraffin oil—it smelt of paraffin—the bottom of the cupboard was the floor, which was smeared with paraffin—I could not distinguish it that night, in consequence of the water, but I did the following morning—the bottom shelf could not have got any trickling from the top shelf, but each was smothered separately—an adjoining cupboard on the same side of the shop I found covered with paraffin oil—the cupboard doors hung on a hinge, so that when you opened one the other swung back in its place, so that both could not be opened at once—on the top of the cupboard I found this bottle (produced), containing about half a quartern of paraffin, and a paraffin lamp with no paraffin in it—
there was no paraffin on the top of the cupboard—there is a trap door at the top of the house and a fire escape—I said to the prisoner, "This is a very suspicious case; I shall feel it my duty to detain you, and charge you with setting fire to your house"—he said nothing—Simpson said, "On hearing a noise like crackers going off in the passage I ran downstairs and saw them in different parts of the passage, and a man standing in the corner of the passage; I caught hold of him and said, 'Who the devil are you?' he said, "It is me'"—the prisoner replied either, "That is a lie," or "It is not true," I will not be positive—I said I would have no alternation there, the case would be investigated before a Magistrate—the prisoner gave the key of the shop up to me at the station and a piece of paper purporting to be an inventory—the key fits the door from the passage into the back parlour, which had been forced open by some person who put the fire out—the distance from the shop fire to the back cupboard is twenty feet through the passage and door—the following day I examined the furniture and took stock of everything that was in the place—I found twenty-five pairs of boots in the shop, thirteen in a cupboard which had not been burnt, and twelve pair on the snowboard—that was the whole of the stock of the shop—there was not any article wholly destroyed—in the back parlour there was a table, a dozen cane-bottomed chairs, and some other things—in the bedroom there was a bedstead, a mattress, bedding, two beds, and a washhandstand—the value of the furniture I found in the house would be about 25l.—it would not fetch 25l. at a sale—there was a sewing machine in the back parlour, which was worth 15l.—I saw his wife take that, and I believe it was put away for 30s.—these are the crackers (produced).
JOSEPH SIMPSON (re-examined). These are the same I saw when I went in the shop at first and saw the prisoner there—it was about a quarter of an hour after I went upstairs and heard a noise that I came down again.
COURT. Q. Had you had any complaint about putting any squibs under a door? A. About a week previous to this affair there were some squibs put into the letter box, and the keeper of the house opened the door directly and did not see any one.
JAMES POTTER . I am one of the Metropolitan Fire Brigade—I was called to the prisoner's house on the morning of the 12th December—the fire was out then—I went into the shop and smelt paraffin oil—I looked in the cupboard and found the shelves covered with paraffin oil, and some paper that had been alight lying on the top of the shelf—I examined both shelves—if paraffin oil hod been spilt on the top shelf it could not have spilt to the bottom one—it must have been from two-different sources.
JAMES MITCHELL . I am a horsekeeper, living at 86, High Street, Fulham—between ten and eleven on the night in question I was standing at the corner of the street for about three or four minutes, and heard squibs issuing from the doorway of the prisoner's house—I had not seen anybody standing outside the door before that—I cannot say whether it was the door leading into the passage or into the shop—it appeared to me to come from the inside to the outside—I saw a man come out a few minutes after the explosion—he had got a pair of light trousers on—he walked down to the corner of Mr. Parker's shop, looked round, turned, walked indoors, and shut the street door after him—I should say where I was at the corner was about thirty-five yards from the prisoner's door—
I did not see a soul outside, during the three and four minutes before the explosion.
WILLIAM DULLAGE . I am in the service of Mr. Hound, a grocer of High Street, Fulhara—about half-past eight or nine o'clock on the 11th December I served the prisoner with a pint of paraffin—I put it in this bottle (produced)—I do not know exactly how much it would take to supply a lamp.
Prisoner. Q. Was a pint of oil the usual quantity of oil I had at your shop? A. Yes; you had only one pint in the course of the week—you had had one about a week before.
ARCHER BANNER . I am in the service of the Scottish Mercantile Insurance Company—this policy is signed by the directors and issued from our office—it is from Christmas 1866, to 1867, 100l. on the stock, and 100l. on the furniture—I have been to the shop since the fire—the fittings in the shop are worth 7l. to 10l., the sewing machine about 15l., and the furniture might fetch 25l. if sold at an auction—I do not think the fittings belonged to the prisoner.
Prisoner. Q. Do you include the working materials? A. Yes; the stock and utensils would fetch about 10l., altogether about 60l., that is supposing all had been destroyed.
WILLIAM BROOKER . I live at Fulham, and am agent for the Scottish Mercantile Insurance Company—the prisoner came to me in October for the purpose of effecting an insurance—I think the whole amount was 200l.—I took the policy to the prisoner's house, and remarked to the prisoner the small stock he had in his shop—he said he expected the stock in, and he had work from persons in the neighbourhood and he expected to do very well.
Prisoner's Defence. I have been living in the house nine months. I never went to a public-house. I was sitting in my parlour reading, and, my child having the whooping-cough, and my wife also having a cough, I went upstairs with them and came down again. I was going upstairs to tell my wife what a noise there was, when I heard another explosion. I said I would go the next day to a Magistrate, but my lodger told me to go to a policeman that night. I told the policeman I should go to a Magistrate the next day, and showed him the two squibs not exploded. I never thought of looking in the cupboard. I went to bed till about ten minutes or a quarter past twelve, when Simpson said the house was on fire. I ran down, I thought with the key of my shop, but when Simpson asked for it I could not find it. There being a good supply of water, I worked with the rest and put the fire out. I went over the house with the police, and found fifty-two Bow Bells, which were smouldering. There were two 5l. notes in the cupboard, and in the excitement I did not think of them; but I thought of them when I was in prison, and the name on one of them was Williams and Sanders. I was about to fill the lamp, and the top of it came off, and the oil ran into the cupboard. I stated at the police-court where I bought the oil. On the first examination the inspector said the bottle was dry, which I deny. The carpet did not reach the door by two inches. Simpson said there was not a person in the street. On the second examination he was not present, and Mitchell gave evidence that a person went out of my house. Simpson said on his first examination that he left the house and went to the pump. I have lived for forty years without a stain on my character, and I should not endanger my wife and child in that manner.
GUILTY .— Ten Years' Penal Servitude.
NEW COURT.—Thursday, January 10th, 1867.
For the case of CHARLOTTE KING, tried this day, see Surrey Cases.
THIRD COURT.—Thursday, January 10th, 1867.
Before Mr. Recorder.
MR. SERJEANT BALLANTINE conducted the Prosecution.
JOHN SPINES (Policeman 56 L). I took the prisoner in custody at 14, St. Paul's Road, Lorrimore Square—I was in plain clothes—I said, "I am an officer, and hold a warrant for your apprehension, for writing a false libel concerning one Miss Trimble, of Foxcroft Villa, Brompton"—he said, "Yes, I did write it; I am very glad this has come to light, it is the best job which was ever done for me, I shall make her pay dear for this; I shall get my money now that is owing to me"—I then said, "I have got the letter here, which I shall show you"—I showed him the letter, and asked if it was his writing and his signature—he said, "Yes, I wrote it; it is true; there is nothing there that I am afraid of; I can prove what is stated there"—I then read the warrant to him, and he said, "There is nothing there that I am afraid of"—he was going on to say more, when I cautioned him that what he said might be used in evidence against him—he said, "Then I'll say nothing more, for there's nothing that concerns you, I dare say"—on the way to the station he said, "I sent the letter to Brighton, to Captain Oldhara"—that was the letter I had.
Prisoner. Q. How long have you been in the police? A. Seven years—it is quite sufficient for a police officer to have a warrant alone—the letter was given to me by the attorney, Mr. Lewis, at the police-court, when the warrant was obtained—no reason was given—Mr. Lewis might have said, as far as I remember, "I have got the letter here, and you can take it with you"—he gave me a sovereign at the time to pay my expenses—that was all—it was not given to me as a bribe—it was not given to me to endeavour to elicit from you a confession that you had written the letter—I produced the letter and asked you if it was in your writing, before I read the warrant. (The libel, being put in, charged the prosecutrix with having committed perjury, for which it stated that she was about to be indicted, also with bigamy and with the murder of her children.)
GEORGE HERNY LEWIS . I am the solicitor for Miss Trimble—I was consulted about some proceedings that had been taken against her by the prisoner—I have those proceedings here—a declaration was served on the 31st October, 1866—it is an action by the plaintiff, clerk to a solicitor, for slander, and there are several money Counts—I took her instructions, and pleaded on the 9th November, 1866, as to the slander "Not guilty," and as to the money Counts "Never indebted"—notice of trial was given on the 16th November, 1866—after these proceedings the prisoner countermanded the notice of trial—the letter was written to Captain Oldham three days before the notice of trial—that letter was put into my hands, and I applied to the Magistrate for a warrant, and directed the officer to execute it.
Prisoner. Q. Is it not the fact that you bribed the police officer with a
sovereign to induce him to depart from the path of duty, and wring out a confession? A. I gave the officer sufficient money to take a cab to Fox-croft Villa, belonging to Miss Trimble, and inform her that she must be at the Court on the following morning, and then take a cab to my office and inform me of the fact—I simply gave him money for his bare expenses—I did not state at the Lambeth Police-court that I had given that money as a bribe—it was stated on your behalf that there was no intention of having you apprehended, and I stated to the Magistrate that, so far from that being true, the police constable had money given to him to give me the earliest information of it; it was a mere statement in Court—I have been consulted by the prosecutrix with reference to proceedings against Mr. Brutton for bigamy, but not with reference to instituting proceedings—I was at Foxcroft Villa with an inspector of the detective police with reference to the charge of bigamy, but I was never instructed to institute proceedings—I have never had communications on this question of bigamy with Sir Joseph Hawley.
The prisoner in his defence stated that he had been clerk to Mr. Brutton, a solicitor, having offices in Regent Street, who had given him his confidence; that he then learned that the prosecutrix, with whom Mr. Brutton lived at Foxcrofl Villa, Brompton, was not his wife, although the ceremony of a mock marriage had been gone through between them, for he was in fact married to another lady, who was still alive; that he kneivfrom the prosecutrix's own lips that she was well aware at the time of the ceremony that Mr. Brutton was a married man; that a great quarrel took place between Mr. Brutton and the prosecutrix, and that they then separated and proceedings were commenced against Mr. Brutton for bigamy. They, however, became again reconciled, and immediately began blackguarding him, although he had acted faithfully and kindly towards both, and had spent a great deal of his money in the prosecutrix's service, and commenced an action against her to recover it, but, these proceedings being brought against him, he was obliged to countermand the action, and urged that they were brought for no other purpose than to compel him to do so. He admitted writing the letter to Captain Oldham, but stated that he could prove that the allegations in it were true. The prosecutrix had committed perjury in swearing, as he would show she had, that none of the furniture at Foxcroft Villa had ever been Mr. Brutton's property. He was aware that she had not committed bigamy in the legal sense, but would show that she had done so in the popular sense. As regarded the charge of murder, he had her confession of it from her own lips, and would call a witness to whom she had also admitted it.
Witnesses for the Defence.
HENRY HOPKINS . At the time the prisoner left Mr. Brutton's service I was his office lad—on the day he was taken I was sent to him, at 14, St. Paul's Road, Lorrimore Square, with a message from Mr. Brutton—it was, "Mr. and Mrs. B. have sent me to warn you to get out of the way"—Mrs. Brutton was constantly in the office about that time.
COURT. Q. When did the prisoner leave the service? A. I should say about a month before November.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Do you know the prisoner's writing? A. Yes—this letter is in his writing (produced).
GEORGE WILSON PARTRIDGE . I am managing clerk to Edward Johnson, of Clifford's Inn, the attorney to the plaintiff in an action of Pike v. Brutton—we recovered a judgment—execution went into Foxcroft Villa—
Miss Trimble pat in a claim to the goods—they were levied upon as the property of Mr. Brut ton—there is an interpleader pending in the case between Mr. Pike and Miss Trimble, the money having been paid into Court—I recollect the prisoner coming to the office on that matter, but I had no conversation with him—it was discussed in the office whether a summons should be taken out against Miss Trimble for perjury—notice of the trial of the interpleader has been given for the first sitting of next term—it has been made a special jury cause—the effect of that will no doubt be to throw it over—it is in the Common Pleas, and I do not suppose it can be tried till next Trinity Term—the act of throwing it over by appointing a special jury was that of the plaintiff's attorney.
Cross-examined. Q. At the time of the interpleader was the prisoner Brutton's clerk? A. I believe not—I understood he had been Brutton's clerk—I really do not know what he was doing at the office about this—the prisoner was holding communication with Mr. Johnson and Mr. Pike—he was there twice I believe before execution was levied—Mr. Pike made the suggestion of the summons—the prisoner was present—I saw the prisoner first several days before the claim was made, which was on the 8th November—it was at the time the action Pike v. Brutton was tried at the last Guildford Assizes—at that time he was Brutton's clerk—no doubt he did, after acting for his master in the action, come to the plaintiff and assist him in carrying out the execution in his master's house.
Prisoner. Q. To the best of your belief, was that some time after I left Mr. Brutton's service? A. I don't know when you left Mr. Brutton's service—I do not think you were his clerk when the conversation took place—I cannot say I admired what was going on.
EDWIN COOK . I produce from the office the original affidavit in the case of Pike against Brutton and Trimble—the deponent is Ellen Bertha Trimble—it always comes to us ten days aner it has been admitted.
MR. SERJEANT BALLANTINE. Q. Before preparing that document did you learn from any one the particulars of the goods? A. Yes—I saw certain documents—the house is Miss Trimble's, and the furniture is worth about 2000l., purchased by Mr. Brutton for Miss Trimble on the occasion of his second marriage—execution was levied upon the goods, and then an affidavit was made in the ordinary course that the goods belonged to her, and that they had never belonged to Brutton—an order was made for the payment of the money into Court that the matter might be tried—that action is for trial, and was for trial at the time the prisoner wrote that letter—Mr. Johnson, the attorney who levied the execution, defended the prisoner at the police-court. (Affidavit read. This was made by Ellen Bertha. Trimble, of the Boltons, West Brompton, Middlesex, and stated that the whole of the goods and chattels seized in the suit of Pike v. Brutton by the Sheriff of Middlesex, were her goods and chattels, and never were the goods and chattels of the defendant or either of them. Sworn at the chambers of Ilobert Wontner, and signed Ellen Bertha Trimble.)
SAMUEL DURRANT . I am clerk to Mr. Addison, of 6, Delahay Street, Westminster, the landlord of 34, South Bank, Regent's Park—I produce a lease which Mr. Brutton holds of those premises—it is dated the 24th June, 1865, for seven years—from that date he was the tenant in possession—he left it towards the close of last year.
CHARLES GORDON . I am clerk to Mr. Thomas Kersey Edwards—he was at the time the prosecutrix's solicitor—I produce a deed of gift executed by Brutton to Miss Trimble—it is dated the 21st October, 1865, and conveys certain furniture to her—there is a schedule of it—the furniture at the time was at 34, South Bank, Regent's Park—she came to us and said they were going to separate.
WILLIAM JAMES BRIDGES . I am clerk at the Pantechnicon, Motcombe Street, Belgrave Square—I know the prosecutrix—by her instructions we moved the furniture from 34, South Bank, to the Pantechnicon, where it remained some short period, and was subsequently delivered, by her instructions, at Foxcroft Villa—that was the last I heard of it—I produce the invoices of the property.
Cross-examined. Q. I suppose you take an inventory when you remove? A. This is it (produced)—I was not present at either of the deliveries—this was taken by one of our servants appointed for the purpose.
----DOUGALD. I am an upholsterer—I sold some furniture to Mr. Brutton—I delivered it at 34, South Bank—I had to resort to legal proceedings for payment—I am only partly paid—I put an execution into Foxcroft Villa on the 13th December last for the balance of his debt—I only went into one room in the house, and the first thing I saw was the furniture I supplied to him, and which he had partly paid for—the amount was paid under protest by Ellen Bertha Trimble I believe—I had to apply several times for my money, and sometimes went to South Bank—I remember one evening calling and seeing one man let out by one door and Mr. Brutton let in by another—I delivered my bill on 13th December, 1865, having executed all my work—the goods were supplied over a lapse of two months or ten weeks previous to the 13th—I supplied the last thing on 12th December, 1865.
Cross-examined. Q. How came you to put in the execution? A. Knowing that Mr. Brutton lived there—I ascertained that from the head porter of the Grosvenor Hotel—the only communication I had with the prisoner was when he was Mr. Brutton's clerk, when he tried to screen him from me—I saw the prisoner at Lambeth before I put in the execution—I had not taken any steps to put in an execution until I saw the prisoner at Lambeth—he accompanied me when the execution was put in—Mrs. Brutton called first respecting the goods, but Mr. Brutton called three times at my house of business, and I waited upon him at South Bank at hours appointed by him—Mr. and Mrs. Brutton selected the goods—I saw 2l. 10s. worth of the goods in the room I went into at Foxcroft Villa—I saw a pillow on a table I had put in order for Mr. Brutton—the cost of that was 2l. 10s.—there was a great amount of furniture in the room, which I did not recognise, sufficient to cover the whole of my account—I should say there was 50l. worth—I did not stop in the room five minutes—I saw 50l. worth in five minutes—I was not in the hall, only in the basement—the furniture I saw there was originally in the drawing-room at South Bank.
Prisoner. Q. What was the amount of the judgment obtained against Mr. Brutton? A. 43l. 11s.
MARIA NEALE . I have been cook to the prosecutrix—I left on 8th November—she was in the habit of reposing her confidence in me—she told me that a great part of the furniture in Foxcroft Villa had been bought by Mr. Brutton—she mentioned two bedsteads, looking-glasses, and furniture enough to furnish a small house—she told me that Mr. Brutton had handed
them over to her—I went there on 17th April, 1865—she told me that she was married on. 3rd March, last year, at St. Peter's, Westminster—she has repeatedly told me she knew Mr. Brutton was a married man, before she married him, and that his wife had beaten her before her marriage to him—she sent me one night with a message to his wife that Mr. Brutton was ill and she was out of town, and would the wife come and fetch him away—that was, I should think, about two months before I left—Mr. Brutton was not ill—they had had a row—I heard her say that when the other wife came she would turn her out of doors, and ask her what she came there for—we were to have said that she had come home during the time I was gone—the wife would not see me—the prosecutrix told me she had had three children by Mr. Brutton—she told me that two of them were miscarriages, one caused by the wife beating her, the other by his beating her, and that the third was born alive and smothered in a bowl of water—she said the child born alive had got eyes and ears just like its father—she said it was a seven months' child—I have often seen the prisoner at the house at all hours, late in the evening and early in the morning—she has sent for him, and he has been there at her request a good many times—she has received him in her bedroom while she has been in bed—I have heard her say she put her confidence in him—she has told him in my presence to spend his own money on her business, and told him she would make it all right with him, to spare no expense, but to go about and try to find out what he could for her—I have never heard him ask for money—I have never known him to receive a halfpenny—she told me about a month or six weeks before I left that they were going to take Mr. Brutton up for bigamy—she has left one room, where Sir Joseph Hawley was, to come into another to speak to the prisoner—I have seen Mr. Lewis come in at the gate—I do not know whether Sir Joseph Hawley came with him—she told me Mr. Lewis came about taking Mr. Brutton up for bigamy—she told me to tell the prisoner that she had given Mr. Lewis Mr. mutton's photograph, because the detectives were after him, and so that they might know hint if they saw him—I know the prisoner was the means of conciliating them after that quarrel—since that time, while I lived there, she has behaved very badly to the prisoner—as far as my knowledge went, I thought the prisoner was acting kindly and faithfully—she never told me who drowned the child: she said, "They smothered it"—she said that the reason why it was born at seven months was because she had been ill-treated.
Cross-examined. Q. When did you tell the prisoner about these confessions of murder? A. While I was in the service of my mistress—my mistress told me to tell him—she told me of the circumstances when I had been there about a month—she told me to tell him about a month or six weeks before I left, and I did so then—he used to come to the house after that—he was just the same as before to her—he continued to be kind—I left because she sent me away—I asked if I might go out to see my brother, and when I got home at ten minutes past twelve she locked me out all night—she had ordered the other servant to lock the door at half-past eleven—she did not tell me what time to come home—I thought I would try to get home in time to cook the dinner, but found I could not—I am not in any service now—I saw the prisoner three weeks after I left—I left on the Thursday, and saw him on the following Tuesday—I said three weeks after, because I had forgotten—I saw him where I am now staying, 6, Lloyd's Place, Back Road, Kiugsland—I am staying with my cousin—the prisoner came to me there—he knew I was there, because I left word
with a friend of mine, Mr. Wright—I told Wright that if he saw the prisoner to tell him where I was—I had no particular reason for thinking Wright would see him—he is a porter—he did not live at the place where I am staying—I did not think it was necessary to go all that way after the prisoner, as I did not particularly want to see him—I did not send a message to him, I merely told my friend that if he should see the prisoner, he was to tell him where I lived—he was not to go to him; you often meet people unbeknown—I supposed when she said that they smothered the child that she was there—I did not think anything at all at the time as to whether she was a party to the murder or not—of course she thought it was murder, she told me repeatedly to call Brutton a murderer—I did not think anything about her having committed it—I remained because I thought I should have a hard job to get another situation.
Prisoner. Q. Did you not one day, when I came up to see Mrs. Brutton, ask me to leave a letter with somebody? A. Yes, that was to Mr. Wright, 10, George Street, Hanover Square—I told you Mr. Wright was my young man—that was the only time, to my knowledge, you ever saw him—he told me you had been to him for my address, after you found I had left Foxcroft Villa—when you came to me at my cousin's house the first time you told me you had been had up, and that you should subpœna me as a witness—I signed this paper (produced), this is my signature—you wrote this in my presence, and asked me to sign it—I cannot remember whether it was the Tuesday or the Tuesday week after I left that I signed the paper—I signed it the first time you came—you came afterwards with a gentleman, who brought a subpoena, and told me I should have to pay 100l. if I did not appear.
COURT. Q. Did Mrs. Brutton tell you, in these conversations about her husband, that Mr. Brutton had told her that the first Mrs. Brutton was not really married to him? A. Yes, I believe she has—sometimes she told me one thing, and sometimes another—she told me that Mr. Brutton had always assured her he had not married the first lady.
HANNAH BRUTTON . I am the lawful wife of William Brutton—I was married to him eight years ago on 9th of last September—I produce the certificate—I discovered that my husband had a connection with the prosecutrix in November, 1864—I went to her and told her that Mr. Brutton was a married man, had four children, and that I was his wife—she heard from my own lips, before the marriage on 3rd March, that I was his wife—it is unquestionably the fact that she has broken the peace of my family, and she has robbed my children of a father.
Cross-examined. Q. Was there a deed of separation? A. Yes, on the 30th May last, between my husband and myself, after the marriage with Ellen Trimble, after I had been made acquainted with the fact—on no occasion when I went to see Miss Trimble did I produce any document; I thought, being a woman, she would take my word.
WILLIAM KENDALL . I am coachman to the prosecutrix—I have just got off the box, the carriage is waiting outside—I have been sent twice by Miss Trimble to the prisoner's house, to ask him if he knew anything—I think I have been sent to ask him to meet my mistress in Hyde Park—I have met him in Hyde Park with my mistress—I do not remember whether it was dark—it was two months ago—I think about half-past six o'clock—I have seen him talking through the carriage window with her—I do not remember her meeting him on horseback when I was riding behind—she has never told me about her children.
HENRY BANYARD . I was present in the police-court when the prisoner was brought up—I heard Mr. Lewis state to the Magistrate that he had bribed the warrant officer to apprehend him—I think his words were, "To prove that I was not backward," or such words as those, "in carrying out the behests of the warrant, I bribed the policeman to execute it speedily," or "I caused a bribe to be given to the policeman."
MR. SERJEANT BALLANTINE called
ELLEN BERTHA TRIMBLE . I am twenty-two years of age—about four years ago, I suppose, I became acquainted with Mr. Brutton—I was staying with some friends in London backwards and forwards—when I became acquainted with him I certainly did not know he was married—of course I understood he was not—he promised to marry me when he hould be a little more successful, in a few years' time—he seduced me—up to that time I was a virtuous girl, Mr. Brutton has never contradicted that—I had heard for a long time that he had a mistress, I met her on several occasions, and she always abused me—I did not know that that lady was his wife—I had spoken to Mr. Brutton about it—I ultimately married Mr. Brutton—most certainly I believed him to be a bachelor when I married him—during the time I was living with Mr. Brutton I became in the family way twice—I miscarried on the first occasion—I think it was about five months that I had been in the family way at the time—the child was most certainly dead—I became in the family way again—that continued about two months—then I miscarried again—I think it was about three months after the first miscarriage that I miscarried again—a doctor attended me oa both occasions—I never had a child born alive—I have never gone to so long as seven months—I have never told the cook or any one else that my last child was a seven months' child, and that it had been put into a bowl and smothered—I could not—Foxcroft Villa is my property—quite 2000l. worth of the furniture was purchased since I went into the house—I had some goods in the house that had been in the house at South Bank, but they were my goods from the time they were purchased—when the execution was put in, I consulted an attorney on the subject, and made an affidavit that the goods were mine, and had never been Mr. Brutton's—that is according to my construction—Mr. Brutton and I several times quarrelled—he promised to leave some times, but did not—I think it was about last May when I first saw the prisoner—I understood he was in Mr. Brutton's employment—soon after that time I had a quarrel with Mr. Brutton, and we separated—this letter (produced) is in the prisoner's writing—I received it soon after the separation—Mr. Brutton always told me that the prisoner's name was Barnard; that he had taken the name of Banyard; that he was a preacher or something—I received this letter from Mr. Brutton after he came back to me—(The letter was signed by the prisoner and addressed to Mr. Brutton, advising him, now that he had got the prosecutrix back through the writer's instrumentality, not to leave her till he got the money)—this other letter is also in his writing—I should say I received it about two months ago—(This was from the prisoner to the prosecutrix, apologising for his rudeness in persisting in endeavouring to see her, and asking to be reitistated in the position he had before held in her esteem)—I don't owe the prisoner anything—he
has never done anything for me, but has been a considerable annoyance—I have never employed him for any purpose whatever—I have seen him from time to time sometimes, he has been at my house at half-past ten at night, and I have requested him to leave—another person is supporting me now—that is a matter with which he is fully acquainted.
Prisoner. Q. Have you ever met me at your own request after dark? A. Not at my own request, I have met you at your request—you always told me there was great danger attending me, and frightened me considerably with threats of executions, I did not know what enemies I had—I am not aware that I ever sent my servant to request you to come to my house—I have sent my groom to you at your request, asking me if I would send a servant to you, that you might tell me respecting executions put into my house—Mr. Harrison was the medical man who attended me in my confinement—his address is somewhere in Portland Street I think—I always had a little money of my own—I lived with friends with whom I was brought up before I met Mr. Brutton—instead of money being paid for my schooling, I was put to Madame Elise's for a short time.
Q. Have you ever made admissions to me that your children had been murdered? A. I don't know what you are talking about.
COURT to J. SPINKS. Q. What was the date on which you apprehended the prisoner? A. The evening of the 19th—he remained in custody till the following morning, when he was taken before the Magistrate.
GUILTY .— Confined Eighteen Months.
MR. A. S. LAMB conducted the Prosecution, and MR. MOIR the Defence.
JOSEPH ZAROFFSKY . I am a tailor at 43, George Street—on 5th December my wife and I went to bed in the second floor front room as usual at twelve o'clock, and fastened the tailor's shop at the bottom—the windows were fastened and the doors locked—I was called up by my servant about half-past six in the morning, who told me that we had been robbed—I flew down stairs and found they had taken seven locks off, five on the chest of drawers, one in the cheffonier, and one other lock—I found this hat—I have seen it on the prisoner, who was employed on the premises—I saw him a week before the robbery—after the robbery I saw him, on the Tuesday following—he wore then a cap with a peak—I stopped him and asked him how it was he was looking so badly—he said he had lost his hat at the Reform Meeting on the Monday—I said, "A friend of mine has found a hat, and if it is your hat you shall have it"—I did not tell him where I found it.
Cross-examined. Q. You found a hat you say when you went downstairs? A. Yes, in the same room as the robbery—he was working for me before between four and five weeks—then he had the same hat—I never saw him with any other—I did not examine the hat when I saw it on the first occasion—I took it to the station-house when I went to give information—when the prisoner saw the hat he said, "I'll put you down a piece of wood if you give me that"—no one told me to offer to give him the hat if he would put a piece of board down—I found him a very diligent boy while he worked for me—I have no boys in my place at all, only females.
three men coming along—one was a little before the others—he had not got anything—the other two were carrying a bundle of clothing—I stopped one of them—the other dropped the bundle and rushed past—I caught one of them and took him to the station, and the bundle too—I cannot swear that the prisoner was one of them.
COURT. Q. Had they all three got hats on? A. Two had hats on, but I cannot say whether the one wha rushed past me had a hat or not—if he had not I think I should have observed it.
JAMES OSBORN (Police Inspector). On 6th December, about half-past ten in the evening, I went to the prosecutor's house and found there had been a robbery there—the prosecutor had been to the station on the morning of the same day—he brought with him the hat which has been produced—I retained it in my possession till the morning of 17th December, when I sent it back to the prosecutor, with some instructions as to what he was to do.
JOSEPH HARRIS (Policeman 44). On 19th December I went to the prosecutor's house—I heard the prosecutor ask the prisoner if this hat was his—he said it was—the prosecutor said, "Are you sure of that? how do know it?"—the prisoner said, "Because it was torn in the lining, and mother sewed it with black cotton"—I was at the top of the stairs while this conversation was going on—when it was concluded I went into the room—when the prisoner saw me he said, "That is not my hat," and threw it down—I took him to the station, where he said he sold his hat for nine-pence.
Cross-examined. Q. When the first conversation took place what hat was he talking about? A. The hat he had in his hand: that produced here to-day—when I took him he had an old Scotch cap with a peak—he was not speaking about that, it was about the felt hat which he had in his hand.
MR. LAMB here withdrew from the prosecution.
NOT GUILTY .
FOURTH COURT.—Thursday, January 10th, 1867.
Before Mr. Common Serjeant.
MESSRS. METCALFE and GRAIN conducted the Prosecution, and MR. WILLIAMS the Defence.
ALFRED BEDDALL . I am clerk in the service of Messrs. Ironside, warehousemen, of 21, Gutter Lane, Cheapside—about the beginning of November two men called at the warehouse, who gave their names as Soloman Barnett and Marsell, to look at some mohair dresses—we had about 200l. worth of mohair dresses to dispose of at that time—I showed them to them—I could not give samples, as they were under offer—one of them gave me a card—I do not know what has been done with it—I have looked for it and have not been able to find it—it was like this (produced:—"S. Barnett & Co., Warehousemen and Agents, 22, Broad Court, Covent Garden, W.C.")—two or three days after that the prisoner called with the man who had given his card as Soloman Barnett—they asked to look at the goods—I am not quite certain whether the prisoner came two or three times—I showed the goods to them, und they had a conversation in a
foreign language, which I did not understand—there was nothing said in English—Mr. Barnett asked me to send the samples, and I said the offer was not decided, but if the offer was not accepted I would send the samples—Mr. Ironside was out of town—shortly after the man who I believed to be Marsell called alone—he brought me an offer of 3 1/2 d. a yard for the good—it was not in writing—I told him that would not do, and he said he would go and see Mr. Barnett—he went, and about half an hour afterwards he called and brought me an offer of 4d., written on one of the cards—I accepted the offer verbally, and I took the goods in the afternoon to 22, Broad Court—Mr. Ironside came in just before the goods went, and I had his instructions not to leave the goods without the money—I made out the invoice, and a carman drove the van—when I got to the premises in Broad Court I saw Marsell and a clerk named Adolph—I asked to see Mr. Barnett—Adolph said, "Messrs. Barnetts are out"—I did not unload the goods, but sent the van to deliver goods elsewhere, with instructions to come back—while the cart was away the prisoner came in—he seemed rather annoyed, and said, "Why were the goods not un loaded?" or something to that effect—he came straight in to me—I said, "Because I had instructions not to leave them without the money," and presented the invoice to him and left it with him—this is a copy of it (produced)—I did not put that two and a half per cent on in the invoice—I also delivered this delivery order (produced—Invoice read:—"London, November 8th, 1866, Messrs. Barnett and Co., 22, Broad Court, Bought of John Ironside, terms net, prompt cash, 224 C.R. mohair 31, 40, 47, 50 1/2, 2-52, 204, 23," &c.)—the prisoner said when the goods were unloaded I should have the money—after that the van returned and I unloaded—he wished to check the goods before he gave the money—Soloman Barnett and the prisoner came in together—they were both present at this conversation, and Marsell too—the prisoner went out during the time they were unloading, and said, "I shan't be more than five minutes," or "I shan't be five minutes"—he returned again and just looked out one or two pieces of goods, and then went out again—I do not know whether he said anything—I did not see him again after that—Soloman Barnett stopped there till the goods were unloaded, and then looked at his watch and said he wished to catch a train, and that be should not have time to check the goods, and he went, but before he went he told Marsell to give me a receipt for the goods—I did not see either of them again till the prisoner was in custody—I should not have left the goods unless he had given me this written acknowledgment. (Read:—"Memorandum from S. Barnett and Co. to J. Ironside. Received from Mr. Ironside 224 pieces of stuff, to be paid to-morrow by eleven o'clock, or to be returned. London, 11—66")—I went back about eleven o'clock the following morning, but did not find the goods or any of the men—I found no one but Adolph there—I waited there from eleven to three—I went in the place, but could not see any goods—the name of S. Barnett and Co. was on the outside wall—I did not intend to part with the goods without the money—I have been to the place since on several occasions, but have not eeen any of the parties, or any symptoms of business carried on—on the 23rd November I was walking through Temple Bar and saw the prisoner—I followed him till I saw a policeman and gave him in cugtody—I am not certain whether he saw me before I gave him in custody—I did not speak to him—he seemed to run amongst the cabs, but it might have been to get out of their way—this (produced) is the card that was given to me for the offer. (Read:—"November
8th, 1866. Dear Sir,—I am sorry we cannot wait. If the price of 4d. per yard may suit you, and the two and a half off, you can send the 234 pieces in the course of the day. Yours truly, J. B. Your earliest answer will oblige")—I made the account out so that the goods should be paid for on delivery, as Marsell said they would be.
Cross-examined. Q. On what day did you see the prisoner come in your shop? A. I cannot fix a date—it was four or five days before the 8th November, it might be more or less—I have had very little conversation with Mr. Ironside on this matter—I believe he has said words to the effect that it was necessary to convict the prisoner in order to get back his goods—it was Soloman Barnett who spoke to me about the goods when he and the prisoner came together—they were in the shop about five minutes—a traveller, named Farrier, was in the shop at the time—he is here—he was examined before the Magistrate—I have said before to-day that when Marsell brought the order he said the goods should be paid for on delivery—I said so in my depositions—I will not swear that I have ever said before to-day that Marsell said the goods should be paid for on delivery—Mr. Ironside was represented by Mr. Wontner at the police-court—I called at Barnett's office once, and asked for payment—my deposition was read over to me, and I signed it—I said, "I have since applied two or three times for the money, and have not got it yet," but it was a mistake in the words—I ought to have said, "I have been two or three times, and there was no one there"—at the time the goods were delivered, Marsell was in the warehouse—it was not to Marsell that I delivered the invoice—he was present—I did not hear the prisoner say he was waiting to see Mr. Soloman Barnett—he came in with him—I did not hear him tell Mr. Soloman Barnett to make haste, be could not wait for him—the prisoner spoke a little in French to Barnett, but I was helping to deliver the goods, so that I heard very little—the prisoner was taken in custody a fortnight and a day after the delivery of the goods—they were delivered on the 8th, and he was taken on the 23rd—he was standing opposite a cigar shop in the Strand—I mentioned about the cabs to Mr. Wontner, but I do not think I did before the Magistrate—I know the clerk Adolph—I do not know in whose employment he is now—I think he called at Mr. Ironside's the Thursday before Christmas—Mr. Ironside was out—he has not been, there since to my knowledge.
MR. METCALFE. Q. When the prisoner came with the other Barnett did he say anything? A. He asked to look at the goods, I showed them to him and he examined them—a boy who accompanied the cart and Adolph assisted me in unloading the goods—Adolph assisted me by the prisoner's direction—the prisoner bullied him very much because he was not quick enough—the unloading was finished from six to half-past.
THOMAS JOHN IRONSIDE . I am a warehouseman at 21, Gutter Lane—Beddall is in my employ—after my return to town he spoke to me about the goods—I gave him instructions not to leave the goods on any condition unless he had the money, and not to take a cheque, because they were perfect strangers to me—I have seen some of the goods—we found them all at Mr. Hindlow's office, with the exception of three pieces.
Cross-examined. Q. Did you know Messrs. Soloman and Benjamin Barnett? A. No, I never heard of them before they came to my house—if I had known them I should not have given any instructions about the money—I believe I have said that if the prisoner was not convicted I should not get my goods back—I did not say when the prisoner was in custody
that if I could learn where my goods were I would not prosecute him, and that I did not think he was the person, nor anything to that effect—the person who has the goods now will not give them up to me—I never saw the prisoner before he was in custody.
MR. METCALFE. Q. Did you give Beddall instructions to give the man in custody? A. No, I was bound over to prosecute.
JOHN MCFARRIER . I am traveller in Mr. Ironside's service—I was in the warehouse on one occasion between the 1st and 8th November, and remember two men coming in—the prisoner is one of them—it was in the morning from eleven to one o'clock—the two men wished to look at some dress goods, which were produced, and they both looked at them—Beddall said that the goods were under offer, but they could have them in the course of a couple days—they then left and said they would come back—I do not know which of them said that.
Cross-examined. Q. Are you quite sure that the prisoner asked to look at the goods? A. Quite, I heard him distinctly—I had never seen the prisoner before that morning to my knowledge—I cannot fix the date when they came—I am in the habit of going there once or twice a week—when I am in the City I go every day—I do not know how many times I went in the course of that week—I cannot tell "which day of the week it was—I have had a conversation with Mr. Ironside about this matter—I never heard that he has tried to get his goods back from the man who has them in pledge—I was not there on any other occasion when Marsell called—I was there when the goods were purchased by a shorter men than the prisoner—the prisoner was not there then—I heard what passed—the goods were offered to the shorter man at a certain price, who said he would let him know in a quarter of an hour—I was there when he came back in half an hour and left a card, which was opened by Beddall, offering a certain price for the goods—Mr. Beddall said he should have the goods on prompt cash on delivery—I am not aware that they have tried to find Marsell—there was nobody in the shop but Beddall and myself during the time this conversation was going on—I cannot say where Mr. Ironside was—I hold a commission under him.
ROBERT ADOLPH . I am a clerk, ribw out of employment, and live at 16, Maiden Lane, Covent Garden—I have not been employed since this matter—in September I went into employment at a warehouse in Broad Court, Covent Garden, as clerk—Quidant engaged me; I also knew him by the name of Chiron—the name of S. Barnett and Co. was over the door—it was about a month after I went there before I saw somebody besides Chiron—I am a Frenchman—Chiron told me that man was the governor—he went by the name of Solomon Barnett—I saw the prisoner there when the goods came, and also the night before—I am not sure I saw him before that—there was not much business carried on there—I saw three pianos on the first floor—I suppose they remained on the premises about a couple of days—during the last four or five days before the goods came, there were no goods in the place—it had been empty about teu days—there were no books kept—no one slept on the premises the night before; it was only a ware-house—Soloman Barnett and Marsell were with the prisoner on the day before—I did not know the goods were coming until they came—I remember them coming in a van—the prisoner and Mr. Soloman Barnett directed me to assist in unloading them, which I did—when the prisoner came back he said, "How is it the goods are not unloaded yet?"—Mr. Beddall said that-he was waiting for the money—the prisoner said he could not pay him
then because it was too late—the prisoner was talking to Soloman Barnett while I was unloading, who said that I ought to be a little quicker—the prisoner went away; Soloman Barnett went away about ten minutes after, and Marsell went away in about ten minutes more—he said to me, "It is no use to stop any longer; if you like to be here at ten o'clock, Mr. Soloman Barnett will give you your wages," and he then went away—the goods were left in the warehouse—I went away about seven, and the goods were there then—Mr. Marsell had the key; I used to keep it up to that time, and Mr. Marsell asked me for it that night—he said he had lost his—I went back to the warehouse at ten o'clock next morning, and waited there till about a quarter past eleven, when a porter came whom I had seen once or twice before carrying some boxes for Mr. Marsell—the warehouse was closed, and the porter came and gave me the key and a sovereign for my wages—when I opened the warehouse it was quite empty—Mr. Beddall came about a quarter of an hour after I had been there.
Cross-examined. Q. How long were you in the employment? A. Four months—I continued in the employment after the 9th November—they used to come to pay me—I used to go there for an hour or two a day—I never saw anybody there after this occurred.
MR. METCALFE. Q. How long before had you seen Chiron? A. Two days before—he was daily there up to two days before the goods came in.
RACHAEL STEWARD . I am the wife of John Steward, and live at No. 37, Tennyson Street, York Road, Lambeth—I let lodgings—Mr. Chiron was a lodger of mine in November—he had one room, the first floor back—on 8th November, between eight and nine in the evening, some goods were brought to my house—I saw them—they were striped dresses of different colours, something of a mohair kind—I think they were the same goods that I saw at Bow Street—I think Chiron came to lodge with me about the 6th July—they were brought in a van, and four or five of them took them out of the van to Mr. Chiron's room—the prisoner came to my house next morning—I did not know him by name—next day, the 9th, I went out about one o'clock to the Lord Mayor's show, and did not return till late in the afternoon—I went to Mr. Chiron's room in the evening, but did not find the goods there—I had seen the prisoner several times previous to that—I cannot tell you how long before—he came to see Mr. Chiron—Mr. Chiron is not lodging with me now—he left me about a week after the 8th November—he did not give notice—I did not know he was going until he had got his goods out—he did not pay me his rent.
Cross-examined. Q. How do you know that it was the 9th November that he came? A. Because I went to the Lord Mayor's show—it was from nine to one that he came—I cannot give you anything nearer than that—it was past eleven—I generally breakfast about eight o'clock—I cannot tell you how long it was after that—I think I was spoken to a week after 9th November about this matter.
MR. METCALFE. Q. When you went out was the prisoner still there? A. He had left—he was only a minute or two in the passage speaking to Mr. Chiron—the goods were not packed—they were quite loose—I could see what they were—they were striped fashionable dresses.
HENRY HINDLOW . I am a shipping merchant, of 2, Skinner's Place, Size Lane, City—on the morning of the 7th some samples of goods were offered me—I feel certain it was the 7th, because it was seven days before the Lord Mayor's show—the goods were brought on the 9th—the man gave his name W. Martin—I did not know him—I do not know whether
it was Soloman Barnett—he was rather a tall full-face looking man, and I think he had grey whiskers and moustache, but I really cannot say, because it was dark—I have since shown the goods to the police—I could hardly call them mohair dresses—they have been seen by Mr. Ironside—the same person brought them as brought the patterns—they were brought in a carman's open van, uncovered and quite loose—there were 221 pieces—I did not notice the name on the van—he was an ordinary carman—he said, "I have brought the goods"—I advanced 123l. 5s. on them—I had agreed to do so before—I reserved myself the power to sell them in the course of a month if the money was not paid—I did not make any inquiries where the goods were coming from—I said, "Are these goods imported in the regular way, and are they yours?" and he said, "Yes."
Cross-examined. Q. Had you ever seen the prisoner before till you saw him in custody? A. No—the person came to me three or four different times before I agreed to advance the money—he asked me to ship them at first, which I declined to do—I told him there were too many, and they would not do—he came again, and said he was pressed for money, and asked me if I would give him an advance on them of 3d. per yard—I said I would see them in the piece—he sent two pieces in, and I said I would give him an advance of 2 1/2 d. a yard, which I did—he sent the two pieces about three o'clock or half-past three on the 8th, just before I left my office—I left before five—it was between three and five—the two pieces were packed up in a piece of paper—I do not know who brought them—I found them in my office—I looked at them that evening and locked them up all night—my place of business is nearly two miles from Covent Garden—they must have been sent before half-past five, because I have never gone home a train later than that—I will undertake to say they were delivered before half-past six.
WILLIAM WILKINSON (Police Sergeant 11 F). On the 2nd or 3rd November Beddall spoke to me in the Strand, and in consequence of what he said I took the prisoner into custody—I said, "Is your name Barnett?"—he said, "No"—I said, "Do you know any person of the name of Barnett?"—he said, "No"—I asked him if he lived in Broad Court—he said, "No"—I told him I should take him in custody on a charge of obtaining some goods from Mr. Ironside—he said he knew nothing at all about it—I searched him at the station and found this card (produced), with the name of Barnett on it—I went and searched his lodgings at 14, Great Newport Street—I found this letter (produced) in a box in Broad Court—(Read: "Memorandum from S. Barnett and Co., ware-housemen and agents to Mr. Adolph, Liverpool. 14th November. Dear Sir,—I must stay a few more days here. According to your letter, you say Mr. Ironside has called about his invoice. Tell him if he will not wait the fourteen days, the usual terms, I will give him my acceptance at one month. I could not finish my transaction by the (blank) and the lots of champagne between three and four days. Your answer by return. Yours truly, S. Barnett and Co.")
Cross-examined. Q. Did you produce that letter at the police-court? A. No; I read it about three days after—the letters were examined in my presence at Mr. Ironside's warehouse—I did not read this letter before it was put into Mr. Ironside's hands—I gave it to him about five days after the prisoner was in custody.
R. ADOLPH (re-examined). I do not know whose writing this envelope is—I received this letter and gave it to the police unopened two or
three days after the goods were delivered—there was another letter—it laid on the desk when the detective came, and he took possession of them—I never saw any more of them after that.
WILLIAM WILKINSON (continued). I did not receive any letters from Adolph or find any on a desk—another officer in plain clothes was there—I put all the letters together that I found—I did not read them—I cannot speak as to any particular letter—in examining them Mr. Ironside must have mixed them—I mistook this letter for the one I found on the prisoner—I found at his lodgings this card. (Read:—"D. Massade, Agent and Commission Merchant, 3, Romford Place, Liverpool. Presented by" blank)—the prisoner had been at the hotel in Newport Street about ten days.
MR. METCALFE. Q. Did this letter come into your hands? A. No; it got into a collection of letters which I found on the prisoner.
HENRY HINDLOW (re-exammed). I have seen the man since who brought me the goods—he called at my office about the 18th November, and said he had a purchaser for the goods, and that he should take them the next day—he called the following day with a person, produced the money, but, from some conversation they had, the person declined to take them, and put up the money again—I have seen him since in a cab.
Witnesses for the Defence.
ERNEST NORRIT . I live at Mexico, but am staying in this country, at 17, Great Newport Street—I have known the prisoner since I have been in London, which is since October 20th—I have been living at the same house as him—he was known there by the name of Desiria Massade—I heard a gentleman say at the hotel, "I am myself the firm of Barnett & Co.," and afterwards I was told his name was Martin—I saw the prisoner on the 9th November at breakfast between ten and eleven o'clock—we had breakfast a little sooner, for the purpose of going to see the Lord Mayor's show—I was in his company till about half-past twelve—we were in the hotel during that time—a person named Crabtree was there.
Cross-examined. Q. Was the gentleman who called himself Barnett & Co. often there? A. I only saw him twice—the gentleman was dining with the prisoner when I saw him, next to him—I do not know Marsell—I knew Decore by sight—I have seen him there—the prisoner has been at the table when Decore, Martin, and Chiron were present—I have seen all three there twice—the prisoner went to Liverpool—I did not see him there—I do not know where the prisoner lived at Liverpool—the hotel he goes to at Liverpool is in Williamson Square—I have never heard the prisoner called Victor—I do not know where Broad Court is—I never went to Barnett & Co.'s place of business—I have a house of business in Mexico, and was acting as commission agent in London—I do not know Adolph—I saw him in a public-house at the corner of Newport Street two or three days afterwards the prisoner was in custody—I went into the public-house and asked Adolph to dinner—I never saw him before that—at that time I did not know anything about his being a witness for Massade—I invited him to dinner because he was close to the hotel—I saw the prisoner after the 9th November—he made an absence of three or four days for a journey—I do not recollect where he went to.
AUGUSTUS CRABTREE . I have known the prisoner since April last—I saw him about eleven o'clock on Lord Mayor's day, and left him at four o'clock in St. Paul's Churchyard—I was with him the whole time—I live at South Hackney—I have known him by the name of Massade.
Cross-examined. Q. Where was he carrying on business in April last? A. When I came to England I stopped at the same hotel as he did—I won't be certain whether he was absent while I was there—I live at a private house, but I had an appointment with him, and we breakfasted together—I once saw a man at the hotel whom they called Martin—I do not know whether that was Barnett—I never knew the prisoner by that name—I do not know Marsell or Decore—I saw Chiron, but I do not know him—the prisoner was present when Chiron came in with a man named Martin—I do not know where the prisoner went to in Liverpool—I never heard of Kelsholt Street South—I did not see the prisoner after the 9th November—I did not go to the hotel—I had an appointment with him on the 23rd November, and went next day to see why he did not meet me, and heard that he was arrested—I knew from him that he had been in business in Liverpool—I do not know what the business was.
----LORAN. I live at 17, Newport Street, St. Martin's Lane—that is mostly frequented by foreigners—the prisoner has lived in my house for six years—I have known him by the name of Desiria Massade, which is the name his letters have been addressed in—I have known him since 1829—some years ago he carried on business in Liverpool—on 8th November he went to the office of Barnett and Company with a bill that had been accepted by Martin, who took the name of Barnett and Company—the amount was due to me—I know the place of business in Broad Court—Chiron, Decore, and Martin carried on business there—I do not know whether the prisoner was connected with that firm as a partner.
Cross-examined. Q. What are you? A. I am landlord of this hotel—I have not known the prisoner by the name of Victor Massade—I have received letters addressed "Victor Massade," which I thought were for him—the prisoner went away directly after 9th November for three or four days to Liverpool—his address was 44, Kelsholt Street South, West Derby Road, Liverpool—I do remember under what name I wrote to him—this writing is not mine—I never wrote to him—I wrote to his address since he has been in prison, to a friend of his—he told me to address him in the name of Massade only—I knew he took an office in the city in the name of Deseria Massade—I do not remember exactly when it was—I do not know what sort of business it wad—he could never have learnt a business—I have never been to Broad Court—I have seen Chiron, Decore, and Martin at my house together—I do not remember whether the prisoner has been in the same room with them—I receive many persons and I never take notice—I have not seen Chiron, Decore, or Martin since 9th November—I cannot tell you whether Martin was at my house very drunk on 9th November—I had seen him shortly before the 9th—I saw Chiron very seldom—I do not remember whether Decore was there shortly before.
MR. WILLIAMS. Q. How many people are in the habit of dining there in a day? A. About ten—the prisoner gave me his address since he has been in gaol—he had been back perhaps a fortnight before he was taken—during that time he appeared at the hotel as usual.
GEORGE CAMERON . I knew the prisoner by the name of Martin—I last saw him about six weeks ago—I went with him to Mr. Hindlow's ware-house to pay for 221 pieces of dresses—I heard that he traded under the name of Barnett and Co.—he said we were going to redeem the goods—two men, named Chiron and Decore, were waiting outside—I saw the goods but I did not buy them, because I did not think they were worth the money—
I had had no dealings before that with the firm of Barnett and Company—I did know their premises in Broad Court—they came to offer the goods, but did not bring them with them.
Cross-examined. Q. When did you see the goods? A. At Mr. Hindlow's, in Size Lane, about five or six weeks ago—it was two or three weeks after Lord Mayor's show—Chiron and Martin came to my house in Cannon Street—Mr. Nash carries on business there—his name is on the door—he is there every day—I conduct the business for him—he is a general merchant—he said, "There, is 150l., and you bring back 221 pieces"—he said it was alpaca—the gentleman let me see the goods directly, and after I had seen them I brought the money back—I knew all three of the men before—I sometimes saw the prisoner in a place in the City where I went to get my lunch—that was latterly—I did not know him at Harp Lane, City—I used to see the other men every day—I knew they were carrying on business, but I did not know under what name—the last public-house I kept was in 1861—they used to come to all the public-houses I kept—I had no transaction with them—I had not seen them at Mr. Naeh's before—I suppose Mr. Nash knew them—he saw them.
MR. WILLIAMS. Q. Did you ever see the prisoner in their company? A. Never.
----JURAND. I have known the prisoner thirty years—we came from the same town—I have known him ever since I have been in England, which is fifteen years—I heard that he carried on a business in Liverpool, but I do not know of what kind—he bears a very good character indeed.
MR. METCALFE. Q. Was he known as Victor in Liverpool? A. I do not know—I never heard him called by that name anywhere—I never knew him by the name of Frederick Barnett—I never heard of the name of Barnett—I am an egg and butter merchant, and carry on business at 2, Willow Street, Willow Walk, Bennondsey—there is no shop, it is private—I keep the butter at the railway—I have the butter sent to the railway—I am a merchant—I have been there about six months—I lived at 28, Castle Street, Holborn, before that—I carried on the same business there—I was there six years—I did not know of the prisoner living in Harp Lane, or carrying on business anywhere—I saw him very seldom—I do not know whether he took any office in Harp Lane—I cannot tell you how he gets his living—I know that his friends are very well off, and perhaps he had help from them—when I saw him we merely shook hands and did not talk about business.
MR. WILLIAMS. Q. Do you do a large business per week? A. I do about 40,000l. a year—the prisoner's family are very respectable people.
GUILTY .— Confined Eighteen Months.
184. GEORGE NAYLOR PLEADED GUILTY to unlawfully having a lunatic in his house, without a proper order or medical certificate, as required by the Act of Parliament.— To enter into his own recognisances in 100l. to come up and receive judgment when called upon.
Before Mr. Recorder.
MR. GRIFFITHS conducted the Prosecution, and MR. DALY the Defence.
JAMES AINSWORTH . I am a labourer, of Stratford, West Ham—on the 14th December, about twenty minutes to five, I was talking to the prosecutor in Maryland Road, Stratford New Town—the prisoner came past—as he passed the prosecutor said to me, "Is that that painter that struck you at Forest Grate?"—I said, "Yes"—the prisoner turned round and said, "What have you got to say about the painter?"—he hauled something oui of his pocket and said, "I'll strike a knife into the first b----I come near"—he then rushed at the prosecutor and struck him in the hip—directly he had done it I heard something click, and he ran away as fast as he could—the prosecutor fell against the fence sideways—I set him on a large stone—he put his hand in his trousers and said, "I am stabbed"—I saw some blood, and took him to the dispensary—I knew the prisoner before—I am sure he is the man.
Cross-examined. Q. Have you been tried in this Court this session? A. Yes; yesterday, for being concerned in stealing a pair of boots; I was acquitted—I have been tried once before at Guildford for unlawful possession of a few apples—I was acquitted then—I got seven days about four years ago at Guildford—when I saw the prisoner again after stabbing the prosecutor he was going into the house where he lived—I believe he wore a dark coat, the coat he has on now—three of us were together—we had just left off work, at half-past four—I am sure it was half-past four, and not more than twenty minutes to five—I do not know what kind of trousers he had—he had one of those last new-fashioned round hats.
CHARLES TURNER . I live at Stratford New Town, West Ham—on Friday, the 14th December, I was standing in Maryland Road with James Ainsworth and the prosecutor, between half-past four and twenty minutes to five in the afternoon—I saw the prisoner come past—the prosecutor said to Ains worth, "Is that the painter who struck you at Forest Gate?"—the prisoner turned round and said, "What have you got to say about the painter? I will stick a knife through the first one I come near"—he then rushed at the prosecutor and struck a knife into hia left hip—I did not see the knife, but I heard it shut—the prisoner ran away—the prosecutor fell against the fence—I helped to put him on some stones.
Cross-examined. Q. From what part of his person did the man take the knife? A. Out of one of his pockets—I could tell it was a knife by the wound—I did not see anything in his hand—he had on a lighter coat than he has now, worsted corduroy trousers with buttons up in front, and a low new-fashioned hat—I have repeated all that he said—he did not use any bad word—I met Ainsworth when I left off work at half-past four—we had just left off work—I saw the prisoner again next day, Saturday—he was taken in custody on Saturday night.
MR. GRIFFITHS. Q. Had you known him before? A. Yes, I had seen him two or three times outside the Queen's Head public-house.
JOHN OWEN . I live at Poplar New Town—on the 14th December I was standing with the other witnesses at New Town, between half-past four and five o'clock—while I was talking to them the prisoner came past—I said to Ainsworth, "Is that the painter what you were telling me about that kicked you at Forest Gate?"—he said, "That's him"—the prisoner turned round and said, "What have you got to say about the painter? I'll knife the first one I get nigh"—he rushed up against me and stuck me in the left side—Ainsworth and Turner ran away—I do not know what he struck me with—I fell against a fence, and the two witnesses
helped me up and took me to the dispensary, where Dr. Alexander dressed the wound, and I went to Poplar Hospital—I am sure he is the man—I have seen him outside the Queen's Head there.
Cross-examined. Q. Can you describe the man's dress? A. I never noticed his dress, it was in the dark;—all I noticed was his face—I believe he had a round hat on.
JURY. Q. Had any remark been made about the prisoner before? A. Ainsworth complained to me about his walking lame for a day or two before, some one kicking him at Forest Gate—I then asked him if the prisoner was the man he complained about, and he said, "Yes"
FRANCIS JOHN ALEXANDER . I am a surgeon, of Stratford—on the 14th December I was called to the prosecutor about ten minutes to fire—I examined him at the dispensary, and found an incised wound in his left hip, about an inch and a half long and three-quarters of an inch deep—it must have been inflicted by a knife, or some sharp instrument—without immediate surgical assistance it might have been dangerous—he had lost much blood, and was faint—I dressed the wound and told him to get a cab to ride home.
FREDERICK BROWN (Policeman 205 K). I was on duty at Stratford on the 15th December—from information I received I apprehended the prisoner at Forest Gate—I took him to the station and sent for the prosecutor—I charged him with stabbing the prosecutor in the hip—he said he was not the man.
Witnesses for the Defence.
CHARLES BUTCHER . I know the prisoner—he is a painter, living at Stratford—I met him at his brother's house in Stratford on Thursday, the 13th December—on the next day, Friday, he called at my house, 31, Upper Rosoman Street, Clerkenwell, at half-past two to three o'clock—he went up stairs and sat down and I put on my coat, and we went out for a walk together—I went to Bishopsgate Street Station with him, as he was going home to Stratford—we got to the station about twenty minutes past four—he was going to catch a train at either half-past four or twenty minutes to five—it was getting dark, they were just lighting the lamps—I then went home again—I have known the prisoner about seven or eight years—during that time I believe he has borne a good character—I have never heard him accused of any crime of violence—I have never during the whole of that time known him to carry a knife—he is not given to drink.
Cross-examined. Q. Were you very friendly with him? A. Yes—my watch was in pawn on the 14th December—when we got to the station it was twenty minutes past four, I looked at the clock, the same as that might be—the prisoner carries a knife he uses in his trade; they are not sharp enough to cut anything except putty—they are of different sizes—during the whole of the time I have known him I have never seen him with a pocketknife.
MR. DALY. Q. Do painters' knives shut up? A. No.
COURT. Q. When you were at the station you say they were just lighting the lamps? A. When I came away—I heard about his being taken up about a week afterwards—I went before the Magistrate, but was not called upon to say anything—his mother asked me to go—he knew I was there—I got up to speak to him to tell him to call me, but a policeman shoved me down again—I was in the Court while he was being examined—I heard him asked whether he had anything to say, and he said nothing.
JURY. Q. After he called upon you on the 14th where did you go to between that and going to Bishopsgate Street Station? A. We went down Farringdon Road, up Cheapside and Threadneedle Street—we called at a public-house opposite the station, and then I left him—that was all we did from his arrival and going to the station—I saw the clock outside the station.
COURT. Q. Do you know the spot where this is alleged to have occurred? A. Yes—I know the station at Stratford—I know the prisoner's house—that spot is on the road from the station to his house.
COURT to J. AINSWORTH. Q. When was it you were kicked at Forest Gate? A. About a week before—the prisoner kicked me—he told me, through a hole in the wall in Ilford Jail, that he would give me two sovereigns and a suit of clothes if I would say that he was not the man—he said he did not mean to stab him, only to frighten him.
GUILTY of unlawfully wounding. Recommended to mercy by the Jury.— Confined Six Months.
Before Mr. Common Serjeant.
MR. THOMPSON conducted the Prosecution, and MR. SHARPE Defended Jones.
GEORGE THOMAS HURST (Police Sergeant 18 K). On the night of the 8th December I was on duty in Romford Road, Little Ilford, and saw a waggon drawn by three horses, stop about midnight at a dark yard at the side of the Coach and Horses—Hocking was with me—I saw Drew come out of the public-house—I believe he is ostler there—he went up to the side of the waggon, and I then saw a dark lantern or bull's-eye turned on under the horses and waggon and round the field to the side of the stable, but did not see who turned it on—the light came from between the wagon and the yard—I heard Drew say, "Now"—I ran across and found him in the stable with a sack of something on his back—I said, "What right have you with that?"—he said, "I found it"—I brought him out and saw Jones in Hocking's custody—I said to Jones, "Who authorised you to leave that here?"—he began to cry, but made no reply—we took them to the station—I examined the sack and found the name of Mills on it in red paint, and sent for the prosecutor; it contained about two bushels of bruised barley and pollard, which is a kind of bran—the waggon belonged to Mr. Mills, of Ilford—I went there and was shown a bin in Jones's stable, from which I took this sample (produced)—I compared it with that in the sack, and it corresponds.
Cross-examined. Q. Were one or two sacks hanging up in Jones's stable? A. There might have been, but it was dark, and I did not notice—when I seized Devnish in the stable I had not seen Jones—Hocking and I were lying in a field opposite when we saw the waggon and horses.
horses and down the field—I heard words, but could not say what—Hurst ran and I followed him and saw him lay hold of Devnish by the stable door, who had a sack on his back—I saw Jones walking quietly away from his waggon towards the public-house and apprehended him—he began to cry, and said, "Oh! Mr. Hocking, don't take me; I was only going to mix it"—I saw the sack at the station—it contained bruised barley and pollard, which was mixed—I was in the marsh at the other side of the road at the time the light was turned on.
Cross-examined. Q. It was not thoroughly mixed, was it? A. Yes, thoroughly—I am in the habit of feeding horses, I look after one now—I never saw barley given to horses mixed with bran in this way before, they generally mix it with chaff.
WALTER MILLS . I am a farmer, living with my father at Green Lanes, Barking—Jones was his carman—on the 29th December I went to the police-station, and saw one of my sacks, a sack containing barley and pollard mixed, which I cannot swear to, but it corresponds with what was on my premises—the value of the whole may be three or four shillings—Jones had no right to take pollard and barley away—he had no occasion to stop at the Coach and Horses to bait, but he could stop to get beer if he liked.
Cross-examined. Q. Would he have to pass the Coach and Horses? A. Yes—there were, I think, sacks like this in my stable—pollard and barley is given to horses, and he might mix it with chaff—it is usual to put chaff with it—I do not give bran and barley to horses without mixing it with chaff—we prefer barley to oats for horses—Jones came with an excellent character, and I am very sorry to be here to prosecute him—he has been in our service a year and a half, and the character we had with him was from a boy, for he had only worked at one place before.
MR. THOMPSON. Q. How far is the Coach and Horses from your place? A. About a mile or a mile and a quarter—he usually left between twelve and one o'clock—he had no right to feed the horses on pollard and barley alone without chaff—he had sufficient to feed them for the day without this.
MR. SHARPE. Q. You mean in the hutch? A. No, with him—I saw it afterwards in the waggon properly mixed with chaff.
Devnish's Defence. I took it in to oblige this man that he might mix one with the other. It was very wet and dirty and muddy outside, so that he could not put a sack down anywhere, and I took it in, that he might put a little into each of his nosebags.
JONES— GUILTY . Strongly recommended to mercy by the Jury, on account of his character.— Confined Three Months. DEVNISH— GUILTY . He was further charged with a previous conviction of a like offence in September, 1860, to which he PLEADED GUILTY.— Confined Eighteen Months.
Before Mr. Recorder.
Before Mr. Recorder.
MESSRS. LILLEY and THOMPSON conducted the Prosecution, and MR. OPPENHEIM the Defence.
WILLIAM KING . I am in the service of Andrew Beattie—on the 4th May I received 15s. 4d. on his account—I paid it to the prisoner—on the 16th May I received 13s. 2d. on the prosecutor's account, which I paid to the prisoner—they were both received from a customer named Brewer—I have the invoices and receipts here—the receipts are my writing.
Cross-examined. Q. Do you recollect what days of the week the 4th and 16th May were? A. I do not—I paid the sums over to the prisoner in the van; he was out with me in the van.
ANDREW BEATTIE . I am a dyer in High Street, Camberwell, at 70 and 71, Oakley Street, Lambeth, and I have a third establishment—I have been in business forty years—the prisoner has been in my employment for twenty-two years—I brought him forward in the business until I placed him in the management of the Oakley Street business—I cannot trace back what his wages were beyond 1862—this (produced) is the wages book, it is in the prisoner's handwriting—in 1862 he had 30s. a week, that was gradually increased to 2l.; this book shows it—it includes the wages of all the other servants—it was the prisoner's duty to account to me for moneys which he received on my behalf—we generally balanced up once a week, when I was there—if I was out of town he balanced the books and carried it forward to the following week—it was his duty to enter in the cash-book all sums he received—I believe this cash-book before me is entirely in his handwriting—none of these three sums are entered in any of my books—I did not receive from the prisoner 15s. 4d., paid by Messrs. Brewer, on 4th May, 1866, or 13s. 2d. on 16th, or 1l. 0s. 1d. on 15th June—the last entry of wages to the prisoner is on 18th August, 1866, that was Saturday—he did not leave my employment on that date, he came again on the Monday—I am not sure whether he came on the Tuesday, but I believe that was the day he absconded—he never returned to business after that—I could not find him, and I took trouble enough about it—I employed a detective to make inquiries, and sent some of my men with him—I should say it was quite two months before I was able to discover him—he never at any time made a claim to be a partner—the first I heard of such a claim was at the Southwark Police-court—in January, 1866, in consequence of something that occurred with respect to my accounts, I said to the prisoner, "John, you are robbing me"—he said, "I am not"—I said, "I know you are; how much have you taken?"—his answer was, "It is under 20l."—I said, "Sit down and make out a compiete list of what you have taken, and well understand that you will have to make a clean breast of it; if you attempt to deceive me in this matter I will prosecute you as sure as you are born"—he thereupon made out this list of items, which came to 42l. 12s. 4d.—I said, "Is that all?" and he assured me it was all—I then wrote against the amount at the time, "A loan of cash by
A. Beattie to J. W. Webb"—I told him I made that entry because I wished to put it out of my power to prosecute him, in case in some moment of irritation I should be tempted to do so—I then said, "To close this matter, and put it beyond my power to do so, give me your acceptance for the money," and he did so, this is it (produced)—it is his own writing.
Cross-examined. Q. He is your nephew, is he not? A. He is—he was managing ray business in 1857—at that time I left my business, in consequence of being a shareholder in the Royal British Bank—as such I was liable to calls—I left London to avoid arrest, and I assigned my leasehold premises to the prisoner—I did not make over my business to him—he and his sister carried it on during my absence, in the name of J. W. and E. Webb, late A. Beattie—I was not cognisant of the billheads being sent out headed, "J. W. and E. Webb"—I have not got any of those billheads that I am aware of, I have looked for them and cannot find them—I did not give any directions as to how they should be sent Out—I think I have seen some of those billheads since this prosecution commenced, but I am not certain—I did not find any in a box of the prisoner's—I have had a notice to produce them, I do not produce any; I cannot find any—none were returned to me when I came back to London—the prisoner had an account at the London and Westminster Bank while I was away—(looking at a book) this was the account kept by him, in the name of J. W. and E. Webb, for the purpose of carrying on my business, but not by my direction, I knew nothing about it—it was money that came out of the business, and money advanced by my friends; most, if not all, the money advanced by my friends was used in paying out an execution in Oakley Street and Camberwell—I believe the income received during my absence was placed to this account, and it was as mueh my property then as when I was at home—the money that was at the bank was most assuredly mine, and the bank-book shows it—he handed me the balance when I returned—when I left home in 1857 three friends advanced me three sums, 500l., 250l., and 250l.—I have here the notes upon which those sums were advanced (produced), these were given by the prisoner and signed by him—those sums were advanced, I think I may venture to say, on the security of my good name, no other security was given except these notes—Mr. Patteson, my solicitor, who is deceased, received the money; a friend of mine repaid it for me on my return with my money; every shilling of it was mine—daring my absence "J. W. and E. Webb, late Beattie," was put over the facia of my places of business—upon my return the prisoner received 150l.; that book shows it—I returned before March, 1858—I returned at the end of the former year, but, not having received my protection from Vice-Chancellor Kindersley, and not having settled with the liquidators of the bank, I could not then hold property safely; when I got that protection, and had settled with the bank all demands upon me, then we settled up the affair of the balance, the prisoner received 150l., and paid over to me 350l.—since then he has received nothing from me but the wages recorded in this book, except what I gave him in the shape of gratuity—this book commences in 1862—he has stolen the whole of my old books and sold them for waste paper last Christmas twelve months to my stationer. Mr. Paradise, in Queen Street, Cheap-side—after my return I made him presents of 10l., 10l., 15l., 5l., and 3l., and all that sort of thing—perhaps I did not always enter those advances in the books as gratuities, sometimes they came out of my pocket, and I believe were not entered at all—some were entered as grutuities—here are
two sums of 10l. entered in the cash-book as gratuities; they are entered in the prisoner's writing—I think they are not entered as gratuities, but they were so—altogether I should say those advances amounted to about 70l. or 80l.—as I never expected any return, I did not keep any particular account of them—about two years before he left I called his attention to some accounts that had been left unpaid—he said they had been overlooked—I said, "Well, you are a very pretty bookkeeper to look after my interests," and three days afterwards those accounts were paid in—that was not a dispute exactly, but I felt annoyed certainly—it was last Christmas twelve months that he gave me this bill—I then charged him with robbery—he did not deny it: he said at first, "I have not taken anything"—I swear that he made out a list of moneys he had received amounting to 42l. odd—he said that was the amount he had plundered me of; he did not use those words—I do not remember his ever asking me for an increase of wages since my return—he did not ask me for advances or want money from me—I gave him money once when he told me he was pressed upon for rent—I mean to swear that from 1858 up to the time he left he never asked me for anything more than his 30s. or 2l. a week—it was for that alone that he was managing my business, except what I gave him in the shape of gratuities—one night he sent his wife to say he should give me warning, and leave at the end of two weeks, but thereby hangs a tale; he never told me so himself—I never heard that he was about leaving me to become the manager of a dyeing company limited—after the 42l. affair I was constantly suspecting him—I think it is very likely I had some conversations or discussions with him, but I cannot charge my memory with any one in particular—very likely I had several—on the morning he absconded I went to his house—I was sent for—he was not there—I broke open his desk by his wife's direction—she was very ill, I sent a message up to her, and asked her if she wished me to do it, and she sent me down word that she wished me to do it—it was a bureau desk—I found nothing in it but dirt and filth, private correspondence, bills for gin and beer, and all that sort of thing, and I think some cheques—I also found some savings bank books—I don't know what I did with them; I have looked about for them repeatedly since and cannot find them—I have every bit of the papers I found, but they relate to his private matters, and I don't think you would like to have them read—I very seldom omitted settling the weekly accounts with him, perhaps I might do so twelve or fourteen times in the course of a year, or it might reach twenty—I can swear that when he omitted to pass an account one week he did not do it in the subsequent week, because I went over the accounts with him, when I came up and ascertained for a certainty what all the money was for, and how applied, and all about it—I have been through all the accounts since 1862.
MR. LILLEY. Q. Look at that book (handed in); what is that? A. A cash-book belonging to the retail part of my business;—it is in the prisoner's writing—here is an entry, "E. and J. W. Webb, February 12th, 1857," and "A. Beattie's book, 1858"—the last item was written by the prisoner in my presence.
MR. OPPENHEIM. Q. You indicted the prisoner last week at the Surrey Sessions, did you not? A. Yes, for embezzlement; he was acquitted upon one indictment; I then indicted him a second time, and the jury were discharged, not agreeing—no verdict was given.
MR. LILLEY. Q. With reference to the British Bank affair, did you leave your business for the purpose of having an opportunity of arranging
matters through the medium of the Court of Chancery? A. Most decidedly—when I did arrange I think I paid close upon 2000l., including the value of the shares—the business was never assigned to the prisoner, the leases were, and reassigned on my return—they have since expired and been renewed—the 350l. he paid me closed all the money transactions he had in reference to that matter—outside this Ranker's book is "Mr. A. Beattie;" it is my own old book, not the prisoner's—I had an account with the London and Westminster Bank—I never paid the prisoner a single shilling on account of a partnership or as a matter of right, it was never asked of me; such a thing never entered my head—I have searched through my books, I am able to say that the three sums in question have never been paid to me, and hundreds besides—I see here are two sums of 10l. entered in the cash-book as gratuities to the prisoner, in his own handwriting, in May and September, 1860—I obtained my release from all liability with respect to the British Bank in 1858 by paying all that was demanded of me, Mr. Fatteson was my solicitor, his son is here—the name of Webb was painted out from the facia the first time I had the house painted, at the beginning of 1859, and my name has been up ever since.
MR. OPPENHEIM. Q. Did not the name of Webb remain on one of the blinds of one of the shops up to last June? A. On the mahogany part of the blind, it was very small, and I thought it of no consequence—I repeatedly desired the prisoner to erase it—he did not do it—I had it done when some repairs were being made last June; it was on an inside blind, it could scarcely be seen from the outside.
WILLIAM JAMES PATTESON . I am a solicitor—my father was for many years solicitor to Mr. Beattie; he was blind for many years before his death—I was articled to him, and in consequence ef his infirmity I nearly always accompanied him when any business was transacted—I took part in the arrangement of matters on behalf of the prosecutor with respect to the British Bank, and prepared several documents in connection with it—the prisoner was present at an interview between Mr. Beattie, my father, and myself, nothing whatever was said about a partnership—several executions were put into Mr. Beanie's houses at the suit of the depositors of the. British Bank, and we advised him to pay them out, not in his own but in the name of somebody else, and it was ultimately agreed that they should be paid out in the name of the prisoner and his sister, and they were to receive the money for the purpose—the leases were to be assigned, some to the prisoner and some to his sister, and some to them jointly—I received from Messrs. Sharpe and Co. 650l. to pay out the executions, on Mr. Beattie's behalf; I think 602l. was applied in paying out the executions, and the balance in rent—subsequently, when we obtained the release from the British Bank, I prepared the re-assignments from the prisoner and his sister to Mr. Beattie.
Cross-examined. Q. Had you or your father anything to do as to the arrangement between Mr. Beattie and the prisoner for carrying on the business during his absence? A. I had not.
GEORGE WITLEY . I live at 155, Camberwell Road—in 1857 I acted as a friend on behalf of Mr. Beattie in reference to the arrangement with the British Bank—he asked me to receive some outstanding debts that might be brought to him, which I did, I may have received from 1200l. to 1500l.—with that I paid three acceptances, and I eventually paid the balance to Mr. Beattie, on his return in 1858.
GUILTY . Strongly recommended to mercy by the Jury, on account of the use
made of him in the businest transactions of 1857, from which he might have mistaken his position.— Confined Twelve Months.
The prosecutor stated that the prisoner's defalcations, as at present ascertained, amounted to about 300l.
MR. LANGFORD conducted the Prosecution; MR. STRAIGHT defended Crane, and MR. OPPENHEIM the Perrams.
The Statements of the prisoners before the Magistrate, being first read, charged the prosecutor with insulting the wife of William Perram, upon which they (the prisoners) interfered, and blows were struck, but they denied all knowledge of any robbery.
HENRY BROWN . I live at 27, New Street, Prince's Road, and am a general dealer—on the morning of the 18th December, between twelve and one o'clock, I was going home along the Lambeth Road—I met a woman about ten or fifteen yards in advance of the three prisoners and another man—the woman came straight to me, and, to avoid her, I stepped off the path, and she exclaimed, "Mind, you will slip"—I said, "All right; make haste home, there's a good girl, for you ought not to be out at this hour"—as near as I can recollect that was all I said to her—she said nothing further to me until I got close to the prisoners, and then she turned round and said, "What is that you say?"—upon that, I can't say whether it was Henry Perram or the other one struck me on the head and knocked me down—I got up, and was knocked down a second time by all three prisoners—the man not in custody held me back by the collar, apparently to pull me away from them, and the others instantly came and struck me and kicked me—I have been suffering ever since—they then went away from me—I staggered on as well as I could to find a policeman—I found a constable, in company with one of my witnesses, when I came back to the corner, and he pointed out the Three Stags public-house and said the prisoners were in there—when I met the woman I had two sixpences and four half-crowns in my right trousers pocket, and when I got up they were gone, and my trousers were torn right down the side—I went to the Three Stags, and saw the prisoners and the woman there, and gave them into custody—when I was knocked down both the Perrams knelt upon my chest—my mouth was cut and my nose bled—I had two black eyes, a large swelling under the ear, and was black and blue all over the body—I had drank the share of one pint of ale—I did not say anything to the female about her leg, or ask if she was going with that fellow—I never spoke to her at all; she spoke to me first, and I gave her the answer.
Cross-examined by MR. STRAIGHT. Q. What do you deal in? A. I attend sales—I have commissions from different tradespeople to buy things for them—I am not what is termed a duffer—I keep no place of business—I had been to Hoxton on this evening to look at some beershop fittings—the house was shut up—I had no drink there—all I had that night was a share of a pint of ale—when I met the woman I slipped as I stepped off the kerb to avoid her—I am sure Crane was there—Perram said something about his wife when he struck me—I could not say the words, because he took me so sudden—this took place about 130 yards from the Three Stags—I found the constable in about five minutes at the corner of the Kennington Road, about thirty yards from the Three Stags—the prisoners had just called for a pint of beer as we went in—when they saw
me they made use of a bad expression, and the landlady ordered them out—I don't recollect that Crane struck me at first—I consider that he rather assisted me—I have been in trouble once—I had two watches of Mr. Collingridge's, and was robbed of them—Mr. Collingridge said I must pay for them, and because I did not, he gave me in custody, and then never appeared against me.
Cross-examined by MR. OPPENHEIM. Q. Which of the Perrams struck you first? A. I can't tell for certain—I know they both struck me—I believe it was the married one (William)—I had not said anything to his wife about her leg; I swear that—I had my hand on my money in my pocket at the time I was struck.
WILLIAM MCANSCOMBE . I am a shoemaker, and live in Baal Zephon Street, Bermondsey—on the morning of 18th December I was in the Lambeth Road and saw the prosecutor walking along the pavement—I saw a woman go up to him, and there were four men standing pretty close—as he was walking "along he slipped from the kerb and said, "I was nearly down"—the woman came up to him and said, "Did you speak to me?"—he said, "No, I said I was nearly down"—as soon as he said that Henry Perram came up and struck him and knocked him down insensible, and as soon as he got up William Perram caught hold of him and held him across his knee, while Henry hit him as hard as he could and knocked him down again—the prosecutor might have had a drop to drink, but he was none the worse for liquor—I went to look for a constable, I could not find one, and as I returned I met the prosecutor talking to L 116 at the corner—I told him I had seen the prisoners go into the Three Stags with the female—we went there, and the two Peirams were taken into custody—I saw Crane walking to and fro, he offered me a quart pot to drink as we came out of the house, he was talking to the Perrams—I saw the woman go up to Crane and they walked together—I saw her go to her husband (William Perram), and he gave her a purse—I don't know what she did with it—I saw her give Crane a half-crown—I am not able to say whether there was more or not, I saw one half-crown distinctly—Crane then went away for about seven or eight minutes, and then came back and joined the others; that was after the Perrams were in custody.
Cross-examined by MR. STRAIGHT. Q. What time was this? A. About twenty minutes to one—this happened just by a church or chapel, it was not dark, the street lamps were alight—I did not interfere when I saw this, it was not my business—I thought I was best out of it—I went into the road out of the way—the Perrams were in custody, going to the station, when the woman received the purse—Crane was not in custody, he came to the station.
Cross-examined by MR. OPPENHEIM. Q. When Perram struck the prosecutor could you hear what he said? A. No, they were talking, but I could not hear—there was do fight.
COURT. Q. Did you see the prosceutor's pocket afterwards? A. Yes, it was torn out and torn down the side, and his shirt projected from the hole where the pocket had been.
JAMES EDWARDS . I am a blacksmith, of 7, York Road, Wandsworth—between twelve and one in the morning of the 18th December I was in the Lambeth Road—I saw the prosecutor and a female, and four men following her—the female said to the prosecutor, "Mind, my dear, you will slip"—he replied, "It's time you were at home, miss"—he had no sooner said that than William Perram came up and said, "What did you say to my
wife?" and hit him one or two sharp blows in the face, and then both the Perrams began hitting him as hard as they could—Crane was behind him, but I did not see him strike any blow—the others knocked the prosecutor down and fell on him and kept him down, and were hammering him with their fists while he was down—as soon as he got up they laid hold of him and flung him into the road—the three then went away—I followed them to the Three Stags and stayed outside till the constable came and took them into custody—as I followed them to the station I saw the female pass something to Crane, and he went into the public-house and called for some tobacco—he chucked some money on the bar, what it was I don't know—I believe it was one piece.
Cross-examined by MR. STRAIGHT. Q. Had you been having a drop? A. No, I was as sober as I am now—I did not interfere in the squabble, I thought if I did I should get served the same—I saw the witness McAnscombe at the Three Stags—I did not see him in the street when this occurred, it took all my time to watch the prisoners, to see that they did not get away.
Cross-examined by MR. OPPENHEIM. Q. When you first saw the woman were the four men in advance? A. No, a little behind her—I am sure she said, "You will slip, my dear," not, "You will slip, sir"—I was close enough to hear—I said the same before the Magistrate as I say now—the men came up directly and hit the prosecutor—she did not speak to them—William Perram said, "What did you insult my wife for, and call her a prostitute?"—I have not said that before—as far as I could see, the prosecutor was sober; the prisoners seemed pretty merry, but not to say the worse, they knew very well what they were about.
WILLIAM GAREY (Policeman 50 L). On the morning of 18th December, soon after midnight, I went with constable Edwards to the Three Stags—the two Perrams were pointed out by the prosecutor, and charged with assaulting and robbing him in Lambeth Road—they said they knew nothing about it—I took William Perram to the station—I think the prosecutor was rather the worse for liquor, he was very much flurried and excited—he had two black eyes, and was bleeding freely from the mouth and nose—I think he was the worse for liquor, he smelt of it—the prisoners were rather, excited, they had been drinking.
CHARLES EDWARDS (116 L). On the morning of 18th December, soon after midnight, the prosecutor came up to me in the Lambeth Road, bleeding from his nose and mouth—he was drunk, but knew what he was doing—his face was all over blood, and there was blood on his clothes—he made a statement to me, and I went with him to the Three Stags—the two Perrams were there, and he charged them with assaulting and robbing him—they said they knew nothing about it—at the station, after the prosecutor made some communication, my brother constable went outside and brought Crane in, he was charged in the same way—he said he knew nothing about it—4d. in copper was found on Henry Perram, nothing on William, and 2s. 5d. on Crane—the prosecutor gave a sensible account of the occurrence—I saw his pocket, it was torn down the side.
NOT GUILTY .
—I was awoke about three by a dog barking, I listened and heard a noise in the "hop—I got out of bed, raised the window, and saw a man across the road—I watched him till he went away—a constable came along, I gpoke to him, and went down with a light—I found my shop door, leading into the passage, open—it had been shut and locked when I went to bed—the prisoner came out of the shop, and went to let himself out at the street door—I called to the policeman, who was waiting outside, to look out, and he caught him at the door—I found two pairs of boots lying against the door in a handkerchief—they were in the shop window when I went to bed—there were also some more boots, tied up, lying by the side of the others.
Prisoner. Q. When you said to me, "What are you doing there?" did I not say, "Iam only lying down for a night's lodgings?" A. He said so after he was in custody—he had no boots on—an old pair was found in the shop, which he claimed—he appeared sober.
Prisoner's Defence. I did not go there with any intention to rob.
GUILTY .— Confined Twelve Months.
Before Mr. Justice Shee.
MESSRS. POLAND and BESLEY conducted the Prosecution, and MR. SLEIGH the Defence.
JOHN PARRY . I am a labourer, of 2, Chapel Court, Norfolk Street, Southwark Bridge Road—on 3rd December I was walking on the river bank between Blackfriars adn Southwark Bridges, on the upper shore, the part nearest the houses, and saw Timothy Spelling walking on the shore near the water—he called to me, and I went down and saw a bundle in the mud—I assisted him to get it out—it was a three-cornered shawl—the pin came out, and I saw the head of a child—I got a basket out of a barge, because the bundle was too muddy, put the child in it, took it to Emmerson Street steps, and sent for a constable—Bergin came, and I afterwards went with Hewitt to the vault of St. Saviour's Church, and saw the bundle there—I undressed the child, and took off it a three-cornered shawl, a little blue frock, a flannel frock, and two linen rollers marked "St. Saviour's Union"—it was a male child—I was present at the inquest.
Cross-examined. Q. Was the tide out? A. It was some yards away—it appeared to have been left there by the tide.
TIMOTHY SPILLING . On Monday, 3rd December, about two o'clock in the afternoon, I was walking along the shore at Bankside and found a bundle facing Mr. Isaac's door—it was nearer to Southwark Bridge than Blackfriars—the mud came up to my knees—the bundle was at the head of a barge, but the water was up again it—the tide was running down.
Cross-examined. Q. Was the child's body discoloured? A. Mot very much—I gave it in charge to the Coroner's constable.
Thorpe and the nurse Lillis—these (produced) are the clothes that were on it.
Cross-examined. Q. Is this the usual receptacle of the bodies of persons found? A. Yes, under the church—I left the body there two or three days till the inquest on Thursday.
MR. BESLEY. Q. When did the surgeon see it? A. On Tuesday evening.
HENRY JOHN THORPE . I am a surgeon, of 13, Bridge Street, South-wark Bridge—on 4th December I was called by Drewitt and made an examination of the body of a male child—the whole surface was covered with livid patches, livid discolourations, but there were no marks of violence—the livid discolourations extended to the face—I then opened the head, and found the brain and its membranes perfectly healthy—I opened the chest and found the lungs pale and collapsed, and the right side of the heart full of clotted blood—the stomach contained a little milk, and the intestines a little foecal matter—every organ was perfectly healthy—the bladder was empty and the kidneys somewhat congested—my opinion is that the child died from asphyxia, that is suffocation—there was nothing whatever to indicate disease—the appearances I describe were consistent with the cause I assign.
Cross-examined. Q. Is suffocation the absence of air from the lungs from whatever cause? A. Yes—there was nothing to indicate what caused the asphyxia—I have no doubt that in children death sometimes occurs where a post-mortem examination shows no assignable cause for death—I should think that spasm of the glottis might cause a child's death, and leave no morbid appearance.
MR. BESLEY. Q. Do I understand you that you cannot tell whether the suffocation was by immersion or otherwise? A. The appearances were compatible with suffocation from drowning.
COURT. Q. And compatible with suffocation by being overlaid? A. Yes, or any other cause—it is the fact that healthy children are sometimes suffocated by being overlaid, and are deprived of breath without any intention to destroy them—the symptoms I saw were consistent with death from that or any other cause.
MARY LILLIS . I am a widow, acting as nurse in the lying-in ward of St. Saviour's Workhouse—the prisoner came in on Saturday, 19th November, but I did not see her till after she was confined, but I nursed her and the baby too—she nourished it well; she was very fond of it, and gave it plenty of suck—she had plenty of milk—she progressed towards recovery, and was quite healthy and strong—she continued in my ward up to the time she left the workhouse, which was on 1st December, near three o'clock in the afternoon—I dressed the child before she left in the very clothing produced, which I got from the matron—two of the articles are marked "St. Saviour's Union," but the mark washes out of the flanuels—this is the same shawl, bound with black; it is half of a large one—I saw a child's body on the Monday evening—it was too much disfigured for me to identify it, but I should say it was the baby—it was a male child, of which the prisoner was confined, and only one other person was confined in the work-house that week, and hers was a female child; she went out a day or two before the prisoner, and I have seen her child since alive—a child had not been born in the workhouse before that, for six weeks or so—I went with the prisoner before she left, to register the child, and it was registered George Williams—the prisoner gave that name.
Cross-examined. Q. Were these workhouse clothes made expressly for any particular baby? A. No—these are old ladies' shawls—so many dozen clothes are made at a time—only two infants were born in the work-house between lst November and 1st December—one was born on the 18th November, but none between that and the 1st December to the best of my knowledge—it is a large workhouse, but there is only one lying-in ward.
MR. BESLEY. Q. When was the prisoner's child born? A. On 17th November, and the female child on the 18th—no other child was born between then and 1st December—there are no wards in which children may have been born without my knowing it.
MR. SLEIGH. Q. Is this the kind of clothing given to outdoor paupers' children sometimes? A. Yes, babies' clothes, but not shawls—babies' clothing may be given to any poor creature who wanted it—these shawls are for grown-up people, and are not generally given away.
JURY. Q. Was the prisoner discharged from the union? A. No, she discharged herself; she might have gone into the nursery and stayed longer if she thought proper; but she would not.
MARY ANN KING . I am the wife of Edward King, a boxmaker—I live at 6, Angel Court—on 17th November I lived at 6, Herbert's Buildings—I knew the prisoner before she went to the workhouse; she called herself Lotty King, and told me she lived at King's Cross—I went there one night, and she left me at the corner of the court, but I have not been to her house—I took her to St. Saviour's Workhouse on 17th November, she gave her name Emma Williams there—I left her there, and did not see her again for a fortnight, she was then inquiring for me at Herbert's Buildings where I used to live, but had changed my lodging in the interval to 6, Angel Court-he had a baby with her—it was about four o'clock—she went with me to 6, Angel Court, and slept in the same bed with me—she remained till the Sunday night—the baby was not undressed—it had on a workhouse shawl and a little blue frock such as this produced—it seemed to be very well, and was nourished by its mother all day long at her breast—she left on Sunday about eight o'clock at night, and I went with her as far as the end of Stamford Street, Black-friars Road, the end nearest Blackfriars Bridge, and carried the baby—while she was with me she said that she had had the child registered in the name of George Williams, and that she must have it registered in the child's own name—when she left me at the corner of Stamford Street she told me she was going to her other two children, who were living at King's Cross, and I gave her a shilling to pay her railway fare—she went over Blackfriars Bridge, and I next saw her on Monday morning about nine o'clock at my lodging—I asked her where the baby was, she said she had left it with her other two children—I asked her whether she was going to suckle it any more, she said no, she was going to buy it a bottle—I asked her what the baby was going to do till she bought it a bottle, she said that the old lady had borrowed one of one of her neighbours, and that she had slept where her two children were on the other side of the water—she was with me the whole of that day, and I saw her every day that week—she told me she was married, but I have never seen her with any man—I saw her husband at Stone's End Police-court when she was in custody on this charge—she had told me that she was not living with him, but I do not know for how long—when I left her going towards Blackfriars Bridge she was perfectly sober, but rather low-spirited.
Cross-examined. Q. Is it not a fact that her husband has deserted her?
A. I believe so—she was as kind and fond a mother as possibly could be—I do not know who it was that her other children were with.
ROBERT BRISKLAYER (167 M). I produce a certified copy from the register of births at Christ Church, Surrey—I took the prisoner on the 14th December in Caledonian Road, Islington, about twenty minutes to eleven at night—I said, "Your name is Emma Williams"—she looked at me, but made no reply—I said,! "Be careful what you say to me; I am a police constable, and am going to take you in custody for causing the death of your child by drowning it in the Thames on the 3rd December; I mean the child you were confined with in St. Saviour's Workhouse on the 17th November"—she made no reply—I took her to the Caledonian Road Police-station, and got the description from the printed information—she began crying, and I got a cab and took her to Stone's End Station, where she was charged, and gave her name Charlotte King.
Cross-examined. Q. That is not quite so, is it, that when you told her you took her on suspicion of causing the death of her child she made no reply? A. I beg pardon, I have made a mistake; she said, "No, you have made a mistake, I know nothing about it"—she did not say, "No, I did nothing of the kind."
RICHARD COOK . I am superintendent of Clerkenwell Workhouse—on the 16th November two children who were there were sent down to Clerkenwell Police-court—on the same day the prisoner came to the work-house with those two children, Augustus aged four, and Ann aged two—she gave her name Charlotte King—they were admitted between one and two o'clock—she discharged herself about three o'clock and took the two children with her—I asked her what she was going to do—she said that she was going over the water—the children were brought back by Policeman 425 at a little after ten the same evening, and remained there from that night, the 16th November, till Monday, the 3rd December, when they went to the school at Highgate—they were both in the workhouse on Sunday night, the 2nd December—I saw nothing of the prisoner from the 16th December till now, and I was gate porter on the night of the 2nd December.
Cross-examined. Q. What kind of weather was it when she went out in the afternoon? A. Mild weather, and on Monday, the 3rd, it was mild also, not frosty.
REDMOND LYONS (Policeman 121 G). On the night of the 16th November I saw two children in Charterhouse Lane, John Street, between six and seven o'clock, a boy about four and a girl about two years old—there was a crowd about them, and I took them to Clerkenwell Station and left them there—I saw nothing of the prisoner.
Cross-examined. Q. What kind of weather was it at that time? A. Rather hazy, soft weather, I think—I cannot say what weather it was about the 1st and 2nd December.
MR. SLEIGH to H.J. THORPE. Q. In your experience, or as a matter of record, do you know that children's deaths have been caused by their being accidentally held too tightly to the breast, or from being wrapped in a shawl? A. Yes, if it impedes the process of respiration—the livid discolourations are indicative of asphyxia—it is a post-mortem change, the first stage of decomposition, they generally appear some days after death—if I had heard nothing about the case, and was taken into a dissecting room and saw a child's body with those livid discolourations, I should say that it had been dead some days—I could not say how long.
COURT. Q. Would you infer that, after you had examined the interior of the body in this case and found that it was perfectly healthy, should you still consider that it had been dead two or three days? A. Yes.
MR. POLAND. Q. I suppose the washing about of the body by the tide would have no effect on the discolourution? A. No—I do not remember whether I have seen a child before which has been taken out of the water.
COURT. Q. You found no dirt inside the child, as if it had swallowed dirty water? A. No, but it was pinned up in a shawl, which would prevent that—there would probably have been dirt iu the intestines but for that, but I saw nothing but milk—if the child was put in the water alive the first act of inspiration would draw a wetted shawl across the mouth and nostrils, and prevent the water getting into the mouth and stomach—there was no trace of dirty water in the inside of the body.
MR. SLEIGH. Q. In a case of asphyxia do not you invariably find the lungs congested? A. It is not always the case, but generally speaking they are.
Witnesses for the Defence.
FREDERICK JAMES GANT . I am surgeon to the Royal Free Hospital, and pathological anatomist there—I have had great experience for many years in the examination of the bodies of dead persons, and have often been examined on the part of the Crown in this Court—I have listened very attentively to-day to the evidence on the part of the prosecution, and especially to the evidence of Mr. Thorpe—the discolourations described by him on the post-mortem examination are not consistent with death within twenty-four hours; I speak of the discolourations all over the surface—you generally get discolourations on the back of a body, from the gravitation of the blood—the appearances described by Mr. Thorpe are consistent with ordinary appearances, but how soon you might expect to see them would depend in the first place on the cause of death, and also on the temperature and moisture of the atmosphere—I should say that some days at all events had elapsed since death—I mean that it is very highly improbable that there should be these patches of discolouration all over the body within so recent a period as twenty-four hours after death—the appearances of the viscera described by Mr. Thorpe are not consistent with death by drowning—the lungs were pale and collapsed, which is not the case in death by drowning, the lungs, are very seldom collapsed, and never entirely so—there is congestion of the brain in drowning, an accumulation of black blood in the brain—in cases where death has been caused by the forcible clasping of the throat, or strangling, you do not usually find the lungs in a collapsed state, you would find them dark red from sudden pressure—the pale colour of the lungs described by Mr. Thorpe is in my judgment inconsistent with sudden or forcible pressure on the luags from any cause, and inconsistent with any kind of suffocation, and as regards the membranes of the brain, I should expect to find them congested from violent suffocation—I should not expect to find the lungs collapsed if the air had been excluded from them by forcible means, or by forcible pressure bemade on the windpipe in any way.
Q. Irrespective of drowning, in any external violence whatever by which the air is excluded suddenly from the lungs, would you expect to find the lungs in the pale and collapsed state described to-day? A. Certainly not—the death of infants is caused somethings by natural causes suddenly, and
without any premonitory symptoms—I had a child of my own die in my arms from spasm of the glottis—death is immediate in such cases unless the spasm yields, and I should be unable on a post-mortem examination to discover any diseased organ—I should see signs of asphyxia, but not of the spasm—the appearances described to-day are, in my judgment, quite consistent with death from natural causes.
COURT. Q. You mean spasms? A. That would be a natural cause—I entirely concur with Mr. Thorpe that the child died from asphyxia, but we cannot ascribe the asphyxia to any particular cause—we may say that it is not asphyxia from drowning or from any violent cause, but beyond that all is dark—the appearances Mr. Thorpe has described are absolutely inconsistent with death by drowning—I speak of the state of the lungs and brain—I entirely concur with him that death arose from asphyxia, but what produced the asphyxia he is unable to say, and I think that is a very scientific and proper view of the case—the asphyxia is consistent with natural causes—I do not speak of any external cause except spasms—I do not call pressure on the mother's breast a natural cause, or overlaying—I think the better way would be to limit the answer to spasm of the glottis.
MR. SLEIGH. Q. Besides spasm of the glottis, are there other natural causes which might cause the death of a child presenting the same postmortem appearances? A. I should not like to give my adhesion to that without some qualification, and would rather waive the question.
Cross-examined by MR. POLAND. Q. Is what we understand by asphyxia in plain English suffocation? A. No; suffocation produces asphyxia, which is a negative condition, the absence of breath, and many cases may produce it—I have more than once made a post-mortem examinationof a child which died from asphyxia produced by spasm—the child drank out of a tea-kettle which produced spasm of the glottis, and if it had lived long enough there would have been inflammation of the glottis—I cannot call to mind a single instance of death from natural spasm producing asphyxia, but I have certainly seen it occur—if death was caused by imperfect respiration caused by the shawl fitting over the child's mouth, and it sometimes being able to breathe a little and sometimes respiration being entirely stopped, I should expect to find the lungs in a different condition—it is a matter high improbability that the death was occasioned in that way, but I would not say that it was impossible—I should have had a great advantage if I had made the examination myself—I did not see the marks of discolouration, and therefore cannot say whether they might have been caused by the child having been fastened in the bundle and thrown from a height—my answer has reference to the question of putrefaction.
MR. POLAND to MR. FREDERICK GANT. Q. If the child was rolled over by the tide backward and forwards shortly after death, would that have the effect of producing the marks of discolouration? A. I should say not.
COURT. Q. What do you say to the evidence of Mr. Thorpe as to the right side of the heart being full of clotted blood? A. That occurs in most cases of asphyxia, and it is quite consistent with death by drowning—if death was caused in the way Mr. Poland has just suggested, not sudden suffocation, but a struggle in the water and imperfect breathing and floating some time, I should expect to find some water, not only in the stomach, but
in the air tubes as well, and water that would be known by its being dirty.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. POLAND and STRAIGHT conducted the Prosecution.
EDWARD BACKHOUSE . I am barman at the Portland Arms, Wandsworth Road—on 8th December, about half-past seven in the evening, I served the prisoner with a pint of half-and-half, which came to 2d.; she gave me a shilling—I saw at once that it was bad—she went out—I had not given her the change—I gave the shilling to my master—a female who came in behind her ran out, and the prisoner tried to follow her, but the governor stopped her—I asked her whether she had any more; she said, "No"—a policeman took her.
Prisoner. Q. Do you know the woman who came in with me? A. I have seen her in the house once or twice.
MARK TAYLOR . I am landlord of the Portland Arms—my barman called my attention to the shilling—I broke it, and afterwards gave it to the constable—I stopped the prisoner and asked her whether she had any more coin; she said, "No"—I said "Well, I shall take you to the station to know who you are"—she said nothing, but wanted to run out; but a constable came, and she told him outside, "You can do nothing with me, for I have only one coin."
Prisoner. Q. Do you know Mrs. Duke, who lives in the same street? A. Yes, too well—I did not lock her up, because she ran away.
GEORGE WALKER (272 W). Mr. Taylor gave the prisoner into my custody—she went with me to the station, and gave me these two pieces of a bad shilling (produced)—going along I said, "Beware, Mr. Taylor, that she does not drop anything"—she heard that, and said, "You cannot do anything, I have only one piece"—I also found a bad half-crown and florin, which I received at the station from the female searcher.
JANE STONE . I am searcher at Clapham Police-station—on the 8th December I searched the prisoner—she said that I need not undress her, for she had nothing about her—I said, "What are you locked up for?"—she said, "Having a bad shilling"—I said, "It is my duty to undress you," and did so—I saw something fall out of her bosom, she put her foot on it—I said, "You have got something there"—she said, "No"—I pushed her away, and found a paper packet containing a half-crown and a florin—I said, "These are both bad"—she said, "Yes: will you put it on the fire? you will do me a great kindness; there is but the Almighty and you and me here"—I gave it to Walker.
Prisoner. Q. Did you show the bad money to the two women who were locked up for stealing two pairs of boots? A. No, I had not got it.
GUILTY .*— Confined Twelve Months.
WILLIAM HENRY FORD . I am landlord of the Pauline Arms, Penge—on Saturday, the 8th December, about nine at night, I served the prisoner with half a quartern of spruce and one pennyworth of tobacco, which came to threepence—he gave me a crown, I placed it in the till, gave him the change, and
he left—I afterwards found it was bad—there was no other crown there—I am sure it was the same—I marked it and gave it to the constable—on the 15th December, about nine in the evening, the prisoner came again—I served him with half a quartern of spruce and one pennyworth of tobacco—I recognised his voice, and turned round and said, "The same man has called this evening"—he gave me a half-crown—I broke it in the detecter, went round the counter, and said, "Do you work here, governor?"—he said, "Yes"—I said, "You paid me a visit here last Saturday night, I did not expect you again so soon"—he said, "What do you mean?"—I said, "You gave me a bad crown last Saturday, and now you are trying it on with a half-crown"—he said, "I was not here last Saturday evening"—I am positive he is the person—I sent for a constable, but could not get one, and the prisoner stepped out at another door; I went after him with Bailey, and found him some distance off lying in a hedge, and gave him in custody with the two coins.
Prisoner. I deny that I was in the house on the 8th. Witness. I feel positive of you—I was in front of you on the 15th, and came to serve you—when I heard your voice I turned round and said to my wife, "This is the same man again"—you wore different clothes to what you have now.
MARTIN BAILEY . I live at 5, High Street, Penge—on 15th December I was at Mr. Ford's and went for a constable, but could not find one—I afterwards went with Mr. Ford and found the prisoner in a hedge.
THOMAS HAINES (267 P). The prisoner was given into my custody with this crown and a bent half-crown—I found on him a good half-sovereign, two shillings, a threepenny piece, and a penny, he said that he had no home.
Prisoner. Q. Have you been anywhere since I have been in custody? A. Yes, to the Roebuck, Union Street, Borough—the landlord said that he did not know you, and that you were not at his house on the Saturday evening from five to twelve—I heard nothing in support of your defence of an alibi.
Prisoner's Defence. On 15th December I gave a half-crown which turned out to be bad, but I can positively swear I was not there on the 8th. It is not possible for the landlord of the Roebuck to recognise me as being there from eight to twelve on 8th December, or he would have been here, but I was there and was not down at Penge.
ADJOURNED TO MONDAY, JANUARY 28TH, 1867.