CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JULY 8TH, 1867.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
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, July 8th, 1867, and following days,
BEFORE THE RIGHT HON. THOMAS GABRIEL, LORD MAYOR of the City of London; Sir GEORGE WILSHIRE BRAMWELL, Knt., one of the Justices of Her Majesty's Court of Exchequer; Sir JOHN MUSGROVE, Bart., DAVID SALOMONS, Esq., M.P., WILLIAM ANDERSON ROSE, Esq., Aldermen of the said City; the Right Hon. RUSSELL GURNEY, Q.C., M.P., Recorder of the said City; WILLIAM FERNELEY ALLEN, Esq., JAMES ABBISS, Esq., JAMES CLARKE LAWRENCE, Esq., ROBERT BESLEY, Esq., and DAVID HENRY STONE, Esq., Aldermen of the said City; THOMAS CHAMBERS, Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., Judge of the Sheriffs' Court; 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.
SYDNEY HEDLEY WATERLOW, Esq., Alderman
FRANCIS LYCETT, Esq.
ALEXANDER CROSLEY, Esq.
HENRY DE JERSEY, Esq.
CENTRAL CRIMINAL COURT.
GABRIEL, MAYOR. NINTH 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, July 8 th, 1867.
Before Mr. Recorder.
For the case of GEORGE DUNDAS, tried this day, see Surrey Cases.
~NEW COURT.—Monday, July 8th,1867.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
MARY GINGER. I keep a grocer's shop at Harrow—on the night of 24th June, about a quarter to ten, the prisoner came for half a pound of the best cheese at 10d.—he gave me a half-crown—I gave him a florin and a penny change, and put the half-crown on a biscuit tin, where there was no other—he left, and Mrs. Comley's servant afterwards came in; I then examined the half-crown, and found it was bad—I went to the station and recognised the prisoner at once—I marked the half-crown and gave it to the constable.
LOUSIA COWLEY. I keep the Railway Hotel, Harrow Station—on 24th June, about ten at night, I served the prisoner with threepennyworth of brandy and water, he gave me a bad half-crown, I asked him where he got it; he gave me a florin and I gave him the changes—he asked to have the half-crown back, but I refused—he said, "Let me have half of it back, "but I
would not—I had not broken it—in consequence of something which was said, I sent my servant to Mrs. Ginger, next door but one; she came back with Mrs. Ginger, and I went to the railway station and found the prisoner there—I recognised him directly—there were two females in the room, but I cannot say whether they were with him—I called a constable, and gave him in custody with the half-crown.
Prisoner. I deny ever coming into your shop.
Witness. I am sure you are the man.
Prisoner's Defence. I deny going into the shop, or offering the half-crown. I was never near the shop.
GUILTY. He was further charged with having been before convicted, in the name of Edward Wilmot, in September, 1865, to which he PLEADED GUILTY.— Eighteen Months' Imprisonment.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
ELIZABETH HOLLINGSWORTH. I am the wife of Thomas Hollings-worth, who keeps the Cock at Edmonton—on 11th June, about eleven o'clock at night, I served the prisoner with a pot of half-and-half—he laid down a half-crown—I jinked it on the counter, thought it was good, and put it in my pocket; there was no other money there—I gave him change, two shillings and two pence—I gave the half-crown to my husband ten minutes afterwards, who gave it back to me, and I gave it to the policeman, as it was bad—the prisoner came in by himself, but two men came in after him and drank with him—he paid for their beer.
Cross-examined by MR. HARRIS. Q. Was it Whit Tuesday? A. Yes; there was merry-making at Edmonton, but the house was quite clear at the time—ten men drove up with a horse and cart—nine of the men were brought in, and I picked out the prisoner.
THOMAS HOLLINGSWORTH. I am the husband of the last witness—I saw him in the bar on 11th June, drinking a pot of half-and-half, and eating bread and cheese—he had a friend with him—my wife was in the bar parlour, and I took her place in the bar—the prisoner called for another pot, which came to 4d.—I served him—he gave me a half-crown—I bent it between my teeth, chinked it on the counter, and said, "This is a duffer"—he took it up, put it in his pocket, and gave me a good shilling—he took the beer outside and left it there—I fetched it in—he had drank very little of it—my mistress gave me a bad half-crown.
Cross-examined. Q. Was the prisoner a little the worse for drink? A. No; the cart had gone on while he was eating his bread and cheese, and when I found it was a duffin half-crown he hooked it directly.
JOHN HOWLEY (Policeman 17 Y). About 11.30 p.m. on 11th June I stopped a cart with ten men in it, the prisoner was about the centre—I marched them to the station, searched the cart, but found nothing—I found 7s. on one of them at the station, but nothing on the others—Mrs. Hollingsworth came, looked at them all, and said, "That is the man, I will swear to that man," and charged the prisoner with uttering a half-crown to her—he denied all knowledge of it, but afterwards said that if it
was bad he must have taken it in change for a half-sovereign at the half-way house—I took him in custody.
Cross-examined. Q. Did he deny passing any bad money? A. The said that he was not one of those that passed the money, as I understand—I searched all the men, but did not find a single bad coin—the Cock is between Edmonton and Ponder's End.
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution.
MARY ANN RIGGETT. I live at 37, Freeschool Street, Horslydown—on 23rd June I was on a visit at the General Elliott public-house, Queen's Road East—I was serving in the bar in the afternoon—the prisoner came in about half-past four, and called for a pot of beer, which came to 4d.—he gave me a bad shilling, which I took into the bar parlour to Mr. Clark, the landlord—I went back to the prisoner, took the beer from him, which he had commenced to drink, put it back into the sink, and told him the shilling was bad—he made no answer—the landlord came and asked him how many more he had got—he said that he had not got another farthing—a constable was called in, who searched him, and I saw another bad shilling fall from his pocket on to the floor—I did not bend the shilling uttered to me, nor was it bent when it was uttered.
ELIZABETH GODFREY. My husband keeps a pie shop in Queen's Road East—the prisoner came there on the same day for a penny pie—he began to eat it, and gave me a bad shilling—I bent it easily in the detector, and returned it to him—he said that he had come all the way from Hammersmith, and had not any more money, and I said that he might have the pie.
WILLIAM BENNETT (Policeman 345 B). I searched the prisoner—he said that he had no more money in his possession—this bad shilling (produced) dropped from his waistcoat—he said that he was not aware he had it—I marked it—Mrs. Riggett gave me the other shilling.
Prisoner's Defence. I was not aware they were bad.
GUILTY.— Nine Months' Imprisonment.
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution.
JAMES LIPSCOMB. I am a labourer, of Stanwell—on 21st June, about 5.0., I was at the Three Crowns public-house, Stan well, which is kept by my aunt—Johnson came in and asked me for some lucifers—I gave him some—he went out and returned about five minutes afterwards with Collins, and ordered a pint of beer—I served him—he gave me a florin—I gave him 1s. 10d. change—Collins ordered twopennyworth of bread and cheese, and paid with a good shilling—Collins asked if I sold sugar—I said, "Yes, "and my aunt served him with a quarter of a pound—I did not see what money he paid with, but she brought me a shilling, and said in the prisoner's presence that it was bad—they said that they were very sorry for it—I tried it, bit it in two, sent for the police, and told the prisoners they were not to go—I called in Gregory, who was working in the garden, to stop them—ho took the shilling out of my hand to look at, and I have not seen it since—the florin Johnson gave me was bad, and I
gave it to the constable—Gregory took it out of ray aunt's hand and said that it was bad.
Johnson. Q. What did you do with the florin? A. Put it in a bag in which I had half-crowns, shillings, and sixpences, but no other florin—it was not a quarter of an hour before I found it was bad.
MARY STUTELEY. I keep the Three Crowns—Lipscomb came to me for some sugar and took it into the taproom—the prisoners were there, and nobody else—I put it on the table, and Collins gave me a shilling—as I went for get change I tried it with my teeth and found it was bad—my nephew bit it nearly in two, and I sent for a policeman and Gregory, who came and took the shilling out of my hand—one of the prisoners took it from Gregory, put another by it, and said, "That does not look like a bad shilling"—I gave them in charge.
Johnson. Q. Who was the gentleman who came up in a trap? A. A man from Staines—I do not know whether he looked at both pieces, I did not see him—I did not say that I had plenty more of that sort in the bag—Gregory is not here.
AMELIA KIRBY. My husband keeps the Wheat sheaf, at Stanwell, a mile from the Three Crowns—on 21st June, about a quarter-past five, Collins came in alone for a lucifer match—I told him there was a fire in the taproom, he could light his pipe there—he went into the taproom, called for a pint of ale, and gave me a bad florin—I told him it was bad, and gave it him back—he gave me a good one, drank the beer, and went away—I did not bend it—he told me he took it from Mr. Vincent.
Collins. Q. Had the man any particular mark about him? A. No; it was you—I did not notice that you were lame.
JAMES GRIFFIN (Policeman 176 T). On 21st June, about a quarter-past six, I was called to the Three Crowns, and Mrs. Suter gave the prisoners into my custody for uttering—they said that they were very sorry, they did not know it was bad—I searched Collins and found two good shillings, seven sixpences, a threepenny piece, 15d. in copper, and a quarter of a pound of sugar—on Johnson I found 1s. 6d. in silver and 4d.—I went to Mrs. Kirby's next morning, but found no bent shilling—I routed out the ashes of the grate, but found no metal.
Johnson. Q. When you came into the house what was given to you? A. This second shilling—it was not bent—Lipscomb handed it to me, and said that he believed it was bad.
Collins. Q. Did a man sitting by the table show you the shilling, and did not you put it in your mouth and say it was bad, and put it in your pocket? A. I did not say that they were both bad—I put them in my pocket—this shilling is good.
Johnson. Q. Did not you produce two shillings to him? A. No, only the florin; he never had the shilling—I say that it is a mistake on the part of the policeman.
COURT to JAMES LIPCOMB. Q. Look at this shilling? A. This is not the shilling, it was a newer one than this—I did not make these marks on it—I never had it in my hand before.
Johnson's Defence. I sold a shirt, socks, and handkerchief, and received the florin for them; I did not know it was bad.
GUILTY.— Nine Months' Imprisonment.
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution, and MR. COOPER the Defence.
ELIZA SARAH BROWN. I keep a coffee-shop at 5, Woolton Road—on 13th June, a little after one in the day, the prisoner and another man came in—one had tea and bread and butter, and the other tea, meat, greens, and potatoes—one gave me a florin, which I put in my apron pocket, and asked him whether I was to take for the two—he said, "No," and the prisoner gave me another florin—I saw it was bad, but gave him 1s. 2 1/2d. change because I was alone, and put the florin in my pocket—he remained in the shop five minutes, while I went up to get my bonnet—I then looked at the other florin and found it was bad—I went to the station and gave information, and the prisoner was taken on the 15th—I had no other florins in my pocket—I marked the florins and gave them to the inspector.
Cross-examined. Q. Did the prisoner see you go up stairs? A. Yes, and yet he stayed about three minutes longer than the other man—I was sent for two days afterwards to identify him—when I came down with my bonnet on he was gone—I have no doubt he is the man.
WILLIAM ROBINSON. I am twelve years older and live with my mother at 13, George Street—on 15th June I was in Eleanor Road, and saw two boys sitting on the steps of the Queen Eleanor—they both called me; I took no notice, and they called me again—I went to them and the prisoner pulled some money out of his pocket and gave it to the other boy—they gave me a florin, and. told me to go to the public-house at the bottom of the street and get half an ounce of tobacco, and they would give me a halfpenny—I did so, and the young lady said that the florin was bad—Mr. Browning, who was in the shop, took me to Hackney to see if we could find the prisoner, but could not, and as we went along he met a policeman and gave me in custody—when we got to the Queen Eleanor I pointed out the prisoner and the other boy—the other boy ran away—the policeman took the prisoner and let me go.
Cross-examined. Q. What did you do with it? A. I think Mr. Browning gave it to the policeman.
JOHN BROWNING. I was at the Prince Alfred, saw the boy come in, and took up the florin—I took the boy immediately to seek for the boys who gave it him—they had escaped, and I gave him over to a policeman with the florin.
Cross-examined. Q. How far is the Queen Eleanor public-house from Wilton Road? A. It is about 100 yards from Wilton Road to Queen Eleanor Road.
JOHN BAKER (Policeman 135 N). I received charge of Robinson from Mr. Browning, and also of this florin (produced), and this other florin from Mrs. Brown—I accompanied the boy to various places, and then said, "It is no use looking, you go away home"—he went a little way, came back, and said that they were coming—I saw them, but one of them
ran away—I took the prisoner, and found on him one shilling, four six-pences, and one penny.
GUILTY.— Fifteen Months' Imprisonment.
MESSRS. POLAND and COLLINS conducted the Prosecution.
JOHN HALLETT WHITE. I am clerk to Mr. Breedon, a solicitor, of London Wall—the prisoner was occasionally employed by him to serve writs—on 15th April I filled up the writ of summons, now produced—it is in the Court of Common Pleas—I gave it to the prisoner, and also a prœcipe of it, and 5s. to pay for the stamp—the prœcipe is filed in the Court of Common Pleas, and has to have the 5s. stamp on it before it is filed, and the original has to be stamped and filed and returned to me again, that would then become the original writ in the action, and the defendant would be served with a copy of the original writ—at the time I gave the prisoner that writ it had no stamp on it—he came to my office on 23rd May, and handed me this writ (produced), saying that he had served the defendant the day before, as he was coming home from the Derby—I thought it was the original, with the proper stamp, and gave him 5s. for the service—he called again on 25th May, on some other matter, and I told him not to come to the office again, as I understood he had forged the seal of the Court of Common Pleas to that writ of summons—he said, "I have not, the clerk at the Common Pleas Office must have put the wrong seal on it"—he then left, saying he would come in a few minutes to see Mr. Breedon, but did not return, and I did not see him again till he was in custody.
THOMAS HOWARD. I am a clerk in the Writ Office of the Court of Common Pleas—the prœcipe is lodged at the Writ Office with the stamp on it, and on my seeing that the stamp is obliterated the prœcipe is filed at our office—when I find that the 5s. stamp is obliterated I compare the prœcipe with the original writ, seal it, and hand it back to the clerk—there is not any seal of the Court on the writ produced, it appears to be an imitation of the old seal, which used to be used in 1852—I have brought genuine impressions of both seals—I have searched, and there is no prœcipe in the action of Knight v. Murray.
HENRY WEBB (City Detective Sergeant). On 7th June, about ten p.m. I met the prisoner in Vauxhall Road—I asked him if his name was not Thomas Bassett—I did not know him before—he said, "No, you are mistaken, my name is John Clark"—I said, "I think your name is Bassett, I hold a warrant for your apprehension for forging the seal of the Common Pleas to a writ"—he said, "No, you are mistaken, my name is John Clark"—I said, "John Clark will do for me, you must come with me, "and took him in custody—he said, "It is no use, my wife told me I was a fool when I had done it, but how can they call it a forgery, it is not like the seal that ought to be attached to the writ of summons, it is more like obtaining money under false pretences; I served Mr. Murray with the copy at Barnes, on the Derby day, as he was getting out of his gig"—I found a writ and two copies on him.
The Prisoner's Statement before the Magistrate:— "I think it is no forgery,
because it does not resemble any seal at all. There is no proof of it having been served, and no affidavit has been made of the service."
GUILTY.*— Eighteen Months' Imprisonment.
639. SAMUEL DUNSTALL (23) , to stealing eleven money-order forms, the property of her Majesty's Postmaster-General; also to forging and uttering four of the said orders, with intent to defraud.— Five Years' Penal Servitude. [Pleaded guilty:See original trial image.]
OLD COURT.—Tuesday, July 9th. 1867.
Before Mr. Recorder.
MR. R.N. PHILIPPS conducted the Prosecution, and MR. COOPER the Defence.
THOMAS SHEEN. I am a costermonger, and live at 4, Wild Passage, Drury Lane—Mary Sheen is my wife—the other prisoners are my father-in-law and mother-in-law—they live at the bottom of Drury Lane, near Which Street—on 8th May, about half-past four in the morning, I went to their place—they live on the ground floor—I tapped at the window—Regan opened the door immediately—he was not dressed—I went in—there was no light—I told him to light a candle—he did so—the two women were in bed—there were three boys or two boys and a woman in a bed at the foot of the other—I put my hand on that bed—my wife was not there; she was inside her mother in the bed—I laid hold of her by the wrist and tried to pull her out—Regan laid hold of me and began to scuffle with me—I said I wanted my wife—he said, "You won't get her"—I then Said, "I want my money"—he said, "You won't get one or the other"—I was then turned out by Regan and another man—he used bad language to me not fit to express—Edmund Sheen was there, and my wife sent him for a policeman—Regan laid hold of me by the collar and shoved me out—my hand got jammed in the door—I came in again—they tried to shove me out again, Regan used foul language to me, and knocked me down on the bed, and his wife came with a kettle and hit me—I tried to save my head by defending myself with my arm, and my elbow was all black—in the struggle I hit them somehow in the head—it was Regan and his wife that did everything to me—it was he that gave me all the blows, barring the first one that I got from his wife—I can't tell what it was he struck
me with, it was something with a long handle, it must have been iron, or it would not have hit me so much—they broke a saucepan on my head—I don't recollect my wife striking me at all; the father told them at Bow Street, to clear himself, that she struck me.
Cross-examined. Q. How long have you been married to your wife? A. About a year and nine months—she never summoned me before the Magistrate—I have had summonses, but she has not gone against me; her mother put her up to do that—I dare say it was her father that kept her from going against me—he has not been guarantee for me to three loan offices, only one—he is a labourer, I believe—I don't know anything about his business—she had been at home with me that morning—she left me and went to her father's—when I went in I did not seize her by the hair of her head, and pull her out of bed, I swear that, nor did her father and mother try to rescue her from me—I dare say I gave them the wounds with the kettle I took away from the wife—he did not say to me, "Your wife is quite safe by the side of her mother, you had better walk out and come in the morning, "nor did his wife entreat me not to pull her daughter in that manner, but to come ill the morning—I know nothing about biting the finger of my mother-in-law—I am not aware that she called out, "For God's sake take this man away, he will bite my finger off"—I don't recollect anything of the kind—I can't say whether I did bite her finger or not; I am not aware of it—I did not kick her—my wife and I always lived comfortably together till they interfered with me—she can clear herself if she likes.
COURT. Q. You said something about wanting your money? A. Yes, she had gone away and taken my money with her; she did not leave me so much as a halfpenny.
JAMES WELCH (Policeman 150 F). About half-past five in the morning of 8 th May I was called to 2, Denham Yard, Dory Lane, by a lad named Edmund Sheen—I saw the three prisoners standing in the passage, the male prisoner first; the prosecutor was lying on the ground weltering in blood from wounds he had received—Mrs. Sheen had a flat iron in her hand lifted over her head in an attitude—she was about a quarter of a yard, from the prosecutor—I rushed in and pushed her on one bide and took the flat iron from her, and have it here—I also produce an iron pot, broken; the fracture was quite new—Mrs. Regan had it in her hand, I took it from her—the male prisoner had nothing in his hand—I lifted the prosecutor up, took him outside, sent for assistance, and he was taken to the hospital in a cab—I took the prisoner to the station with assistance—I did not notice any cuts on the prisoners' heads—I saw blood flowing, it was from no wound that I saw; both the Regains had blood on their faces.
Cross-examined. Q. Did not they say, "Look at my face? "A. Regan said so when I took him in charge—the women were very excited—they are all Irish.
PETER HARNETT (Police Inspector F). The prisoners were brought to the station—Regan said, "What I did was in self-defence, "and, pointing to the prisoner Sheen, he said, "She it was who struck the blow"—she made no remark—Mrs. Regan was wounded; a surgeon saw her—he is not here—she had a cup by the left temple—Mrs. Sheen had some scratches, but nothing of any consequence.
EDMUND SHEEN. I am no relation to these parties—I live at 2, Denham Yard, the same house as the prisoners; they live on the ground floor, and I live on the first floor—I was in their room on this morning, lying in
a bed on the floor—I saw the prosecutor there about half-past five, he came in, a candle was lighted—the prosecutor went to the bed where his wife was, and said, "Come out, you when—, "and dragged her up by the hair—the father interfered, and said, "What are you doing? "—he said, "I will tell you; I want my wife and my money"—the father said, "Leave your wife alone, "he had hold of her at the time—Regan sent me for a policeman—the prosecutor was pushed out by Regan and another man who was coming down stairs to go to his work—I saw no more—I came back with a policeman and was directly sent for another—when I returned I saw the prosecutor's feet lying outside the door, and I believe he was weltering in blood.
Cross-examined. Q. Did the prosecutor come in quietly or in a great image? A. The did not come in in a fuss—he first came to the bed where I was and felt me, and then he went to his wife and caught hold of her—he said, "Where is she, "that is all? —Regan has been employed for four years and nine months at Mr. Thompson's, a builder's, in Holland Road—he is a very quiet man—I had been out late the night before, and could not get into ray own room; my father and mother were there—I had never slept in that room before.
ARTHUR TREVOR. I was house surgeon at King's College Hospital when the prosecutor was brought there, between five and six on the morning of 8th May; he was in a state of great exhaustion from loss of blood—I examined his head, there were five wounds on it, two on the right side over the temple, one at the back, one on the left side, and one on the left temple; they went to the bone, but there was no injury to the bone—they must have been inflicted with considerable violence, four of the wounds were sharp wounds, and might have been caused by either a sharp or blunt instrument, but there was one wound which was evidently done by some very blunt object; the others would be done probably by something of the sort of this pot before it was broken—I saw the flat iron, it bears the external appearance of blood—a poker or anything of that kind would inflict some of the wounds—he had a small cut on the chin and bruises on his arm—I did not dress the prisoner's wounds—he was in a very dangerous state, principally from loss of blood—he subsequently had an attack of erysipelas which nearly cost him his life, I hope he has quite recovered now—he has had his head shaved since he left the hospital.
JEREMIAH REGAN— NOT GUILTY. HONORA REGAN and SHEEN— GUILTY. of unlawfully wounding under great provocation. Jeremish Regan entered into a recognisance of 20 l . for their appearance to receive judgment if called upon.
MR. HOUSTON conducted the Prosecution.
MARY WINTER. I am a laundress, and live at 32, Boston Street, Hackney Road—on 1st June I had a basket of linen lying on the table, about a yard from the window—I was awoke about a quarter-past three and saw a man's body inside the parlour window, partly on the table, with his hand reaching across to my silk jacket; the prisoner is the man—I rubbed my eyes to get the sleep out of them, and said, "Dear me, what are you doing?" and he vanished—I missed the clothes, they were safe when I went to bed at two o'clock and the window was fastened.
ELIJAH HIND (Policeman 91 H). On the morning of 1st June I was on duty in Gossett Street, Bethnal Green, about half-past three, and saw the prisoner carrying a bundle; it was about a mile and a half from the Park—I stopped him and asked what he had got there—he said, "Clean linen"—I asked where he got it from—he made no answer to that, but said he was going to take it home—I took him to the station and found the bundle contained these things.
The Prisoner's Statement before the Magistrate:."I was going to work at half-past three, and met a chap who had a bundle under each arm; he asked me to carry one, which I did, and soon after the officer came up."
GUILTY *— Eighteen Months' Imprisonment.
MR. PLATT conducted the Prosecution, and. MR. M. WILLIAMSm the Defence.
AUGUSTUS DELVALLE. I am a mercantile clerk, and live at 5, Belgrave Road, Holloway—on 8th June I left my house, it was locked up and furniture in it—on the 15th, in consequence of what I heard, I went there—nothing was taken away.
Cross-examined. Q. Did your wife go to the house after the 8th? A. I believe she did, more than once—she is not here.
EMMA ROY. I am a widow, and live at 4, Belgrave Road, next door to the prosecutor—on the evening of the 14th June, about half-past six, I was seated in my dining room in front of my hoist, and saw two young men go to the front door of Mr. Delvalle's house and stand on the door-step; the door is in a recess—to the best of ray knowledge and belief, the prisoners are the men—they stayed there about two minutes, and I missed them—I did not see them enter the house (Mrs. Delvalle had given her key into my charge, with a request that I would watch the house)—I spoke to my servant and continued to watch, and I saw the same two men pass me in the passage which divides the two houses—I only saw them for a moment as they passed me—they went up the road.
Cross-examined. Q. I suppose the whole thing only lasted a few minutes? A. About four or five, not longer; I first saw them at the front door—I can't say whether the door was fastened or not.
MR. GRIFFITHS conducted the Prosecution.
CHARLES NEALE. I belong to the ship Nebula which was lying in the London Docks on 20th June; about three o'clock that morning I was walking in Royal Mint Street—the prisoners rushed in fornt of me—Driscoll took a silk handkerchief out of my pocket, a pocket-knife, and a key—Crawley assisted in holding me—I seized Driscoll and held him till I gave him into custody—I never lost sight of hin—I was sober—my boarding-house was shut, and I was walking about till it was open.
Driscoll. Q. Did not you go down the yard with a prostitute? A. There was a young woman talking to me, I don't know whether she was a prostitute, and you and Crawley and another man rushed out open me — the other man was let go, he did not interfere much.
going down the street with a girl—two or three minutes afterwards I saw him in Cartwright Street tussling with two or three men and a woman—I went up to him, two of the men and the woman went away, and he had hold of Driscoll; he held him fast till I got to him—he showed me his trousers, the pocket was torn from them—he said he had been robbed—I laid hold of Driscoll—shortly after Crawley came back and tried to get Driscoll from me, and asked me not to lock him up—the girl also came back and gave the prosecutor his handkerchief, and said there were his things and begged me not to lock Driscoll up; Driscoll handed back this knife to the prosecutor, and said that was his knife—I drove Crawley away and told Badfield to take him.
DRISCOLL— GUILTY. — Nine Months' Imprisonment. CRAWLEY— GUILTY.— Eight Months' Imprisonment.
MR. BRINDLEY conducted the Prosecution, and MR. M. WILLAMS the Defence.
GEORGE GAY. I am a carpenter, and live on Ealing Common—on the morning of the 25th, between twelve and one, I was going home, and just at the lower part of Ealing Green I saw the prisoner standing near a tent, close to the roadside—I believe I said, "Good morning, "to him, and he said the same to me—I said, "Can you give me a night's lodging? "—he said, "Yes, and a good feather bed for you to sleep on, and we shall charge you nothing"—I said, "I shall want to get up soon in the morning"—he said, "Yon can get up what time you like"—two other men then came out of the tent—I said I had not far to go home, and I might as well go— as I turned to go on one of them came on one side of me, and another on the other, and pushed me down, and while I was on the ground the prisoner held me behind while the other two picked my pockets—I had 6 d. in my right-hand pocket, and about 5d. or 6d. in halfpence— they took my neckerchief from my neck and let me go—I cannot say where the other two went, but I got up and followed the prisoner into the tent—I then went to the station and returned with a constable—I had had something to drink, but I was as sober as I am now, and perhaps more so.
Cross-examined. Q. Ealing fair was going on at this time, was it not? A. Yes; I had been to the fair—I live two or three hundred yards from where this occurred—I have a wife—I did not mean to sleep in the tent, I only passed it as a joke—there are a great many gipsies about there—I could not identify the other man—I have no doubt of the prisoner.
ADAM LANGLEY (Policeman 36 X). The prosecutor came to the station, and in consequence of his statement I went with him to Ealing Green, to a tent—I found the prisoner and another man lying in it— I turned my light on, and asked the prosecutor if he knew the men—he did not know the first man, but when the prisoner rose up he said, "That is the man who choked me while the others picked my pockets"—I told him he would have to come to the station with me—he said he should not—back part of the tent—I ran round and caught hold of him—he then made a rush and got out of my grasp, and ran down the green—he had no boots on—I followed him, calling, "Stop him! "—a constable from the village came up—we went into a tent and found the prisoner there undressed—I told him to get up—he said he would not, he had been
in the tent all night—a man and a woman were lying in the tent, and I said to them, "How long has this man been here? "—the man said, "It is no use telling a lie; he has only just come in"—the prisoner got up aud dressed himself—he wanted his boots—I took him to the first tent where he ran from, and his mother fetched his boots, and he put them on.
Cross-examined. Q. Had not the prosecutor been drinking? A. The may have had a little, but I should not have known it if he had not told me so.
GUILTY.— Nine Months' Imprisonment.
MR. MOIR conducted the Prosecution.
HENRY MARTIN CORNWELL LEGH. I am a captain in the First Battalion of Grenadier Guards, stationed at the Tower—on Tuesday, 11th June, I had a pocket-book, containing, amongst other things, two 50l. notes aud nine 5l. notes—I placed them in a table drawer in my room, together with two gold rings and a bunch of keys—they were safe between nine and ten in the morning— I did not then know the numbers of the notes—I left my room and went out of town, and came back between eleven and twelve—I opened my drawer and missed my pocket-book and rings—I got the two 50l. notes from Cocks and Co., in change for a cheque—the 5l. notes I got in change for another of the 50l. notes from Mr. Embleton, the steward of the club—the prisoner did not belong to my company, but to a different one—he is stationed at the Tower.
JOHN WILLIAM BURTON. I am clerk to Messrs. Cocks and Co., army agents—on 27th May last I received a cheque for Captain Legh, for 250l. 16s. 8d. on Messrs. Childs—I gave him three 50l. notes aud 16s. 8d., and 100l. was left on his account—the numbers of the three 50l. notes were 60971, 57946-7, all dated 20th February, 1867—these (produced) are some of the notes.
HENRY EMBLETON. I am steward of the Guards' Club—on 10th June I changed a 50l. note for Captain Legh—I gave him ten 5l. notes, the numbers of which I had previously received from Drummond's—these (produced) are some of them—I have not the number of the note I changed for Captain Legh—I received thirty notes from Drummond's, and ten of those I gave to Captain Legh, but cannot say which—these are some of the notes I received from Drummond's, there are six of them.
JACOB POSNER. I am a tailor, of 22, Whitechapel Road—I know the prisoner—he came to me in the early part of June—I cannot recollect the day, but I know it was the week previous to his being taken into custody—he was taken on the Monday following, and it was on a Monday that he came to me—it was the week before, as near as I can recollect—he bought two woollen shirts and one vest, which came to 30s.—he paid a sovereign and a half in gold, and went away—about Tuesday or Wednesday he came again, and transacted business with my manager—I was not present, my attention was called by my manager to give change—he handed me a 50l. note, and said, "I want chauge, please"—I said, "I have got no change"—I said to the prisoner, "If you like to wait I will get change"—he took a chair and sat down—I asked him to endorse the note, and he did so, in the name of Cameron Gordon—this is the note—I was going out, and he called me back and said, "Here are three 5l. notes more, you may as well bring me gold for them"—I asked him to endorse them as well, and he did so—I cannot say that these are the notes, because I only signed one at the
bank—I can vouch for the one I put my name on—the three I changed at the bank were endorsed by the prisoner just the same as the 50l. note—the prisoner was in his uniform—when he came first he said belonged to Yorkshire, to a highly respectable family, that he had been very successful at the last Derby races, and had pulled off a few hundred pounds—there was a case lying on my desk, with the name of T. Horsnell, of Leeds, on it, and he gaid, "What, Tommy Horsnell? he was an intimate friend of my father's"—in consequence of his representations I believed that I was dealing with the son of a gentleman—I went to the Bank of England and changed the notes, and brought the prisoner 65l. in gold—and said, "I want 7s. change"—I gave it to him, and he handed it to the prisoner.
Prisoner. Q. When you first gave evidence at the police-court you said it was Tuesday I went to your shop first, now you say it was Wednesday? A. I will not be sure which.
ALFERD KNIGHT. I am a clockmaker, at 83, High Street, Whitechapel—on Tuesday evening, 11th June, about six o'clock, the prisoner came to my shop and asked to look at a pretty good silver lever watch—I showed him some—he chose one, at six guineas, and he asked for a gold Albert chain—he bought one, and a locket, and after that a ring, the whole of them came to 12l. 6s., he gave me the three 5l. notes, which he endorsed Cameron Gordon, Hunslet Arms, Leeds—he said he had won either 260l. or 280l. on the Derby, that he had dreamt three nights that Hermit would win, and that he had put all the money he had on her—I think he said that he belonged to the 3rd company, and that he was at the Wellington Barracks.
GEORGE CLARKE (Police Sergeant 25 A). On Wednesday, 12th June, I was sent for to the Tower—I saw Captain Legh, and from what he told me I gave notice at the Bank, and ultimately went to Mr. Posner's—I took him to the Tower on Monday, the 7th June, and had the prisoner paraded with seven or eight other corporals—Mr. Posner pointed him out and said he was the man that had the change of the note—the prisoner was given into my custody—I said to him, "You know I am a policeman; I shall take you into custody for stealing 145l., two rings, and a purse from Captain Legh's quartet's "—he said, "I am guilty of passing the notes, but I did not steal them; I found one fifty and six fives, with the purse and the two rings, under a stone or brick in the Tower"—I understood him to mean near the Tower ditch—he did not say so, but he pointed that way—he said he had placed 30l. in a savings bank, and that I should find the bank book in his bed—I went there and found the book, and I found that 30l. was placed in the Aldgate bank on the 12th—since the examination at the police-court I have traced another note.
FREDERICK RICHARDSON. I am landlord of the Bear and Wheatsheaves, 72, Lower Thames Street—the prisoner came to my place, I think, on the Tuesday evening, about seven o'clock—I cannot speak to the date, but I know it was a week after the Derby week—he called for a bottle of lemonade and sherry, and gave me a 5l. note in payment—he said, "I have come from the Tower, and if you will give me a pen and ink I will endorse it"—I gave it him, and he endorsed it "Corporal Cameron Gordon"—I gave him 4l. 10s. gold, and 9s. 4d. in silver and copper—I am positive he is the man.
and one 50l. note, No. 60971, endorsed "Corporal Cameron Gordon, 1st Battalion Grenadier Guards."
Prisoner's Defence. On Tuesday, 11th June, I was coming from playing cricket in the ditch about four in the afternoon. A heap of stones were thrown up against a wall; I saw a piece of paper there, as I thought tied up; I took it up and opened it, and there were seven 5l. notes, two 50l. notes, two rings, and a cigar holder. I put them in my pocket, and walked on. I never was in the officers' quarters, nor anywhere near them, for three weeks before my apprehension. I am sorry I cannot return the money to Captain Legh. I should have done so had it not been for Mr. Posaer. He has money and property now in his possession belonging to Captain Legh.
JACOB POSNER (re-examined). I have not received any other notes than those I have spoken of, nor any rings—I did not see any rings with the prisoner—I never saw him before Monday, when he was in my place—the last time he came he bought a coat, trousers, and waistcoat—the order came to 5l. 13s.—he did not take them with him, they were ordered to he finished on Friday—I do not know whether he came for them or whether he sent some one—my manager delivered them—I do not know who to—I think a friend of his came with one of our cards—so my manager says—that was on the Friday—it was a civilian who called—I did not see him.
Prisoner. The first day I was in the shop, while I was paying for the things I bought, I had the notes in my purse. He said, "You have plenty of money there."I said, "It is not money, it wants changing. "He said, "I will change it."It was too late then, but he said, "If you come down to-morrow I will get them changed for you."I went and he got them changed. I had the two rings in my purse; his manager bought one of them for 9s. 6d., and his son the other; he asked his father to lend him a pound, as he had got money in the Post Office Savings Bank, and he would pay him back again, and his father lent him a pound, and he bought the ring. He said, "It is very dangerous for a young man like you to go about London with so much money; you had better leave some with me."I left 20l. with him, said I should call for it, and next day he went with' me to Lambeth Palace. Witness. I did go with him to Lambeth Palace; he came on the Thursday to try his coat on, he said he was going to Lambeth Palace, and asked if I would go with him, and he would introduce me to some of his friends. I was there from eight till ten, but I had no introduction whatever; I saw him standing talking to a gentleman, and he afterwards told me it was Lord Aylesbury. I never had any of his money; I would forfeit all I am possessed of if any one can come forward and say there is anything at all in his statement. I never saw the rings.
Thomas Jenner, a sergeant in the prisoner's regiment, gave him a good character.
GUILTY judgment respited. .—
MR. DALY conducted the Prosecution, and MR. GRIFFITHS the Defence.
occasions—he has never accounted to me for 3l. 3s. paid to him by the last witness—it was his duty to account every evening as he returned—he left me in the autumn of last year—I received this letter from him on the 3rd January, this year—he has robbed me twice before, and I forgave him.
Cross-examined. Q. Why did not you take proceedings against him before? A. Because I could not find him—had only been there a few days—I sent a detective there after him the day I found he was there—I do not recollect the date—it was the day before he was taken in custody—Moss and Joel are cigar manufacturers—I have not seen either of them here—I gave no information to the police till I found out where he was—I do not deal in anything besides cigars—I know a man of the name of Buckley, who is committed at these Sessions for stealing silks—I bought some moire antique dresses of him, some flannels, blankets, handkerchiefs, table covers, and sheetings—I gave a fair price for them—I bought them at different times—I was introduced to him as a very respectable young man—I did not buy 150l. worth of things of him, nothing like it, about 24l. or 25l. worth—I have not bought things of the prisoner on commission—I allowed him five per cent on the sale of goods—he entered the payments in a book which I have here—if I was not at home he would pay the money to Mrs. Jenkins or to Mr. Hart—I never held him responsible for bad debts—I did not owe him a farthing when he left—he always received his money beforehand—the last time I paid him any commission was on the 10th March, 1866—he left me in August—his salary was then 1l. 6s. a week, and no commission—he had to travel into the country sometimes with me, at times—I paid all expenses—he has never demanded any commission from me since he left.
JAMES HANN (City Detective). I took the prisoner into custody on 10th June—I told him he was charged with embezzling various sums of money to the amount of about 70l.—I showed him this receipt which he gave to Mr. Lewis—he said that was the only amount that he was aware of that he had embezzled.
The letter of the prisoner, being read, was an entreaty to the prosecutor to give him time in order that he might repay him.
GUILTY.— Five Years' Penal Servitude .
MR. LILLEY conducted the Prosecution.
EDWARD JACOBS. I live in Brown's Wood Park, Green Lanes, Highbury, and am a merchant—on Sunday morning, 9th June, I received information from my servant Ellen Butler, aud went into the kitchen and found an entry had been made by the kitchen window—the window was broken, the shutters unfastened, and one of them torn from the hinges—I missed a quantity of things, amongst others the plate and plate basket, consisting of one gravy spoon, six tea-spoons, four table-spoons, four dessert-spoons, a cruet frame, four silver forks, a drinking mug, a silver butter-boat, and salt cellars—these produced are some of the things—there
are no initials on them, but there is a private mark by which I am able to identify them.
EDWARD HIULLS. I am a silversmith in the Walworth Road—on Sunday morning, 9th June, about twelve o'clock, the prisoner came to my house—he told me he had some plate that he wanted to dispose of, and asked if I could buy it—I said I thought I could if it was all right—he said, "Very well"—I asked how much he had got—he said he thought there was fifty or sixty ounces of it—I said I thought I could buy that quantity if he brought it to me—he asked if he should bring it that afternoon—I said, "No; I do not do business on Sunday, but you can see me on Monday at any time"—he came on Monday about nine or half-past, and brought a large gravy spoon, four table-spoons, four dessert-spoons, and half a dozen silver teaspoons—he said he had a cruet stand and several other things, and if I would give him the money for those he would fetch the others—he gave as a reason for selling the things that he wanted the money—I had given information to the police before he came on the Monday—I weighed some of the things, tied them up, and handed them to him—he called me a fool—he said I was injuring myself by not buying them, and losing 3l. or 4l.—I said I thought it was better to lose 3l. or 4l. than run the risk of losing my character—he said it was all nonsense, I need not be frightened—I said it was not nonsense, I did not like the appearance of the things—he said he could disfigure them if he wished, and at the same time he bent the large spoon double to break it—I said, "Do not do that, you will spoil it"—he said, "Oh, it ones not matter, shove them into the melt pot"—he said, "You need not fear; no one knows anything at all about them, for they came from the other side of the water"—he said that no one knew him, nor where he lived, for he did not allow any one to know where he lived, he generally did his business at public-houses and such places—this is the handkerchief he brought the things in—he wrapped the large spoon up in this handkerchief, and put it in his coat pocket—while I was talking to him Robinson the policeman came in—my assistant had gone for him—the prisoner attempted to get out of the shop—the constable asked him to stay a few minutes—he became very much excited, and wanted to know what for—he asked me if he could get out the back way—I told him I had no back door—he drew from his pocket some of the spoons as he waited with his back to the counter, and wanted to give them to my wife, who stood behind the counter—she of course would not receive them, and the policeman turned round and said, "How many have you of these? "—I found this gravy spoon wrapped up in the handkerchief behind a clock in my place when the policeman took him away—he threw half a dozen teaspoons into the street from his pocket while the policeman was there.
Prisoner. Q. On the Sunday morning when I met you in the Walworth Road, did not I say, "I know a party who has got some silver for sale; will you buy it? "A. I believe not—I did not say, "I do not mind where they come from"—I might have said I should be alono on Monday—I told you, "You must bring them yourself"—I had an object for doing so—you did not ask me to tell you if I thought there was anything wrong about it—I did not tell you to bring a portion of the property if you could not bring all—I did not give you any money—I told my wife to bring the cash-box down—I wanted to do all I could to prolong the time till the policeman came—you were in the shop I dare say three-quarters of an
hour—I did not ask you to allow me to take something off for my trouble—I did not give you a pound on the Sunday.
ELLEN BUTLER. I am servant to Mr. Jacobs—on Saturday night, the 8th June, I went to bed at twelve o'clock—I shut the doors and windows—I left the kitchen windows and shutters fastened—on coming down about half-past six in the morning I found the window up and the shutters open, one of them broken, and a quantity of things missing—this plate if a portion of them.
WILLIAM ROBINSON (Policeman 48 P). In consequence of information, I went, about nine o'clock on the morning of 10th June, to Mr. Hill's shop—I looked through the window before going in—the prisoner was standing close to the door as I went in—he tried to pass out into the street—I prevented him, and said, "What are you offering for sale? "—he said, "Let me pass, will you? "—I said, "I want to know what you are offering for sale"—he said he should not tell me—I asked Mr. Hill what it was; he did not tell me for some time, and the prisoner rushed past me into the street—I forced him back into the shop with a deal of trouble and sent for assistance—I saw him place some spoons on the counter and heard them jingle—I then asked him what he had in his possession—he said, "Nothing, you can search me"—I proceeded to do so, I found he had some spoons in his pocket behind—he immediately forced his hand into his pocket and pulled out half a dozen tea-spoons, and threw them over my head into the road—another constable arrived and we took him to the station with the spoons—this gravy spoon and handkerchief were brought to the station by Mr. Hills—the prisoner was very violent before we took him away.
THOMAS GREAVES. I was shopman to Mr. Hills—on 9th June, in consequence of directions, I went to the station to fetch a policeman—I saw the prisoner, about eight o'clock, as I was opening the shop—while the officer was in the shop I opened the door to call another constable, and the prisoner threw six silver spoons past my head into the street.
The prisoner, in a long defence, stated that he received the plate on the Sunday morning, about eleven o'clock, from a man he formerly knew, keeping an eating-house in the New Cut, and who asked him to sell the articles for him, promising him 20s. or 25s. for his trouble.. GUILTY on Second Count.
He was further charged with having been before convicted at this Court, in October, 1865, in the name of Adam Rose (see Sessions Paper, Vol. 62, p. 493), to which he PLEADED GUILTY.— Two Tears' Imprisonment.
NEW COURT.—Tuesday, July 9th, 1867.
Before Mr. Common Serjeant.
653. LYDIA ANN BIGGS (22) PLEADED GUILTY to burglariously breaking and entering the dwelling house of Esther Beaver, and stealing therein a purse and other goods, having been before convicted.— Eighteen Months' Imprisonment.
MR. STRAIGHT conducted the Prosecution, and MR. M. WILLIAMS the Defence.
NETTERVILLE BARRON. I am a lieutenant in her Majesty's both Fusileers, which were stationed at Shorncliff, and are now at Dover—on 23rd of May I drew a cheque for 80l. on the National Bank, which I cashed myself, and received four 10l. notes and eight 5l. notes—I have the numbers of them, but I did not take them at the time—on Friday, 7th June, I went to the Italian Opera, and had in my purse three 10l. notes, three 5l. notes, three sovereigns, nine postage-stamps, and my cards with my regiment on them—I went into the refreshment-room about 11.30 and felt my purse safe—when the opera was over I got a cab and drove ray wife, who was with me, to the Brunswick Hotel, Jermyn Street, where I dismissed the cab and walked to my club—I then found my purse was gone—I had paid for the cab with loose silver—I afterwards went to the bank and got the numbers of the notes and stopped them at the Bank of England.
Cross-examined. Q. When had you seen the cards safe? A. I had used two of them that day, and am sure there were others in the purse—I did not see them in my purse while I was at the opera.
JOHN LEMAN WHEELAN. I am a cashier at the National Bank—Lieutenant Barron keeps an account there—I take the numbers of all notes which I pay for cheques—this (produced) is the entry I made at the time I paid Lieutenant Barron: "Four 1l. notes, 08857, 8, 9, and 60, dated 25th March, 1867, and eight 5,l. notes, 78587 to 94, February 27, 1867."
JOHN TODHUNTER. I am apprenticed to Mr. Croker, a hatter, of Cannon Street—on 8th June I served the prisoner with a felt hat at about eleven o'clock in the morning—I do not think he exactly knew what he wanted at first, but he bought a felt hat and an alpaca umbrella—he gave me a 10l. note—I do not know the number of it, but I wrote on it, "W. Croker, 82, Cannon Street"—I took it to the Bank, and Russell came back with me to Mr. Croker's and asked the prisoner if the note was his—he said, "Yes"—Russell asked him if he had any more—Mr. Croker said, "He has, "and the prisoner brought out the rest in a pocket-book—Russell asked him where he obtained the notes, and I understood him to say that he obtained them from his hotel; I cannot swear to that, but these were the words as far as I remember—Russell asked him where his hotel was—he said, "Just up the street, "pointing eastwards towards the Tower—Russell asked him the name of it, and he could not tell, but wished to show him.
Cross-examined. Q. When you left to get change for the note, did you say that you were going to the Bank of England? A. I did not. (The witness's deposition, being read, stated. "I said when I left to get change, that I was going to the Bank of England.") I signed that, but I must have looked over it—it was Mr. Croker who said, "Go to the Bank and get change for this gentleman"—I was gouge about half an hour and found the prisoner waiting in the shop when I came back—I will not swear that he did not say that he had changed a 100l. note at a money-changer's near his hotel by the Tower—I do not remember it—at the time he took out the 10l. note he pulled out other notes and separated them one from the other.
GEORGE RUSSELL (City Detective Sergeant). On Saturday, 8th June, I was on duty with Brett at the Bank of England—I was called into the secretary's office and received this 10l. note (produced)—in consequence of something that was told me, I went with Todhunter to Mr. Croker's and saw the prisoner—I produced the 10l. note to him, and asked him if he had tendered it for change—he said that he had—I told him we were police-officers, and the note was stolen—I asked him where he got it—he said that he had taken it in change that morning from a money-changer, where
he had changed a 100l. note—I asked him where—he said, near his hotel, by the Tower, but did not give me the address—I asked him if he had got any more notes about him, and he produced a purse with two 10l. notes, 08859, and 08860, 23rd March, 1867; two 5l. notes, 78587 and 78588, 27th February 1867; and another 5l. note, which is not connected with this case—I told him he must come to the station-house with us and wait there while we made some inquiries—we took him to Bow Lane station; be gave his name William Smithers, and refused his address—I told him that was the time to give any explanation, and we would take any trouble in going anywhere to find out where he got change—he said that he had given 50l. for them to a friend that morning, but must decline to mention his friend's name.
Cross-examined. Q. You say that he said that he gave 50l. for them; there was only 40l. in notes, was there? A. 45l.—I did not hear him say anything about getting them in change for dollar notes.
LIEUTENANT BARRON (re-examined). I did not receive this other 5l. note at the bank, and did not stop it at the Bank of England, but it is one of the notes I lost—I stopped the three tens and two fives—I did not stop all the notes I received at the bank, only those I was robbed of—I have never seen my purse since.
JURY. Q. Which pocket was your purse in? A. The tail pocket of my dress-coat—I had a top-coat on—I had a handkerchief in the same pocket.
FREDERICK CHARLES BRETT (City Police Sergeant 13). I went with Russell to Mr. Croker's, and asked the prisoner his name—he said, "Wilkins"—I afterwards took him to the station, where he gave his name William Smithers, and said he gave 50l. for the notes to a friend—I found on him three sovereigns, 9s. 6d. 5d., and nine postage stamps.
The Prisoner's Statement before the Magistrate.—"I took them innocently; I did not know they were stolen."
GUILTY on Second Count. —Eighteen Months' Imprisonment.
MR. LEWIS conducted the Prosecution, and MR. PATER the Defence.
ANGELO JAMES SEDLEY. I am an upholsterer, of 38, Conduit Street, Bond Street—I was acting as trade assignee for a person named Mitcheson, and Messrs. Lumley were my solicitors in the matter—I know the prisoner as their managing clerk in our department—I received a letter from him, which I have not got, but in consequence of which he called on me next day, and wished for an immediate payment for the Registrar or Messenger of the Court of Bankruptcy, of 22l. 6s. 1d.—I had heard that there was a claim due from me to Mr. Stubbs, as trade assignee in the bankruptcy—the prisoner asked me to give him an open cheque, as he must take the money, a cheque being of no use, and I drew it to E.J. Stubbs, because I wished to identify it—this is it; it is for 22l. 6s. 1d.—it has been returned to me as paid—I believe this letter to be the prisoner's writing.
Cross-examined. Q. Are you not in error when you say that the prisoner said that a cheque was of no use? A. The said that he must take the money down in cash, and he would go to my bank and get the money, and pay Mr. Stubbs—I thought that in Government offices they would not take a cheque, but that you must tender coin of the realm—I have never
been trade assignee before—I paid this money out of may own pocket—Mitcheson is a wine merchant—it was arranged between me and Messrs. Lumley, or Mr. Walker, that I should get somebody else to buy Mitcheson's goods, but I did not do so—Mr. Lumley's agent valued the goods—I do not know of my own knowledge whether it was his brother—I believe they are brothers or cousins—I do not know that anything was said about my accepting the valuation price, there is a letter of mine, which explains everything—the goods were received on my premises by Mr. Walker's instructions, and I took charge of them—I have not got them now, a portion of them have been sold, and the other portion were removed to Messrs. Lumley's, the auctioneer's office—nobody bought them on my account, or by my instructions, or on my behalf, I sold them to customers in the regular way of business—when I gave this cheque to Mr. Walker I may have told him that somewhere about 60l. worth of the goods were sold, but no money was received for them—my books show all the transactions—I think two applications were made to me before I paid the 26l. 2s. 1d.
MR. LEWIS. A. As trade assignee, was it your duty to realise the estate and pay the different charges? A. I believe it was, but I am very ignorant in the matter—although I had sold some portion of the estate I had got no money, and I paid this 26l. 2s. 1d. out of my own pocket.
LEWIS CHARLES LUMLEY. I am a solicitor, of 15, Old Jewry Chambers, in partnership with my brother, both there and at the West End—the prisoner was our managing clerk in conveyancing and bankruptcy, and had been there between five and six months—his salary was to be 3l. 10s. a week for six months, and if he suited me he was to have 200l. a year—he had the charge of the proceedings in re Mitchison, and I twice or thrice gave him directions to procure a sum of money which was due from the estate to Mr. Stubbs, the messenger—this letter is in the prisoner's writing. (This was from the prisoner to Messrs. Sedley and Co., stating that he would call on them next day "in re Mitcheson.") He signs that "Lumley and Lumley, "with his initials underneath, we had authorised him to do that—it was his duty on receiving any sum on behalf of the firm to enter it in the out cash-book, and also in his diary—this is his diary: here is the entry "Mitcheson attending," but nothing about money—any clerk who receives money is bound to write it in the out cash-book, and I discharge it—here is no entry in the out cash-book of money from the prisoner on 31st May—he did not pay over the cheque to me or the proceeds of it—I always adopt the course of receiving a cheque from the clerk, and sending a cheque of my own to the person to whom the money is due—the prisoner was under notice to leave, and the month expired on 15th June—after 31st May I received a very pressing letter from the messenger, and a subsequent letter: I think there were four altogether—I constantly said to the prisoner, "What is doing re Mitcheson? "—he never told me that he had received the money—I had a conversation with Mr. Sedley on 21st Jane, by which I found that he had paid the money, and I instructed my clerk to go to the Bankruptcy Court aud fetch the prisoner—the door was slightly open, and I saw the prisoner come back with my clerk—Mr. Sedley was with me, and I called out to the prisoner, "Walk into the further room"—he left his hat in the large office—he afterwards disappeared.
Cross-examined. Q. Is that your own name which you have given to day? A. I believe it is; I am surprised to hear you ask that, I have been
on the Rolls in that name ever since I was sixteen, and before that, since I was probably two years of age—I was engaged about three minutes before I left to see whether the prisoner was in the further room, I then went into the further room and did not find him—I will swear that I spoke to the prisoner after 31st May about the debt due from Mr. Sedley to the messenger—I have heard of the prisoner going to Mr. Sedley over and over again—several months elapsed after the bankruptcy before this cheque was paid—Mitcheson's goods were valued by my brother in Chancery Lane—it was not agreed that Mr. Sedley himself should take them at the valuation price; it was proposed that the bankruptcy should be annulled and that he should pay 1s. or 2s. in the pound—I only saw Mr. Sedley once, and that was at the earlier stage—I do not know that it was proposed that Mr. Sedley was to cover himself, to take the goods at the valuation price, and sell them at a profit—I mean to say that every sum that has passed through the prisoner's hands has found its way into the out cash-book as far as I know—he was with me five months—I remember a small purchase being carried through in the case of Collins—75l. was raised by him on my behalf, and he handed over the money to me in bank notes—I do not know the exact date. (The prisoner here stated that it was about a week before he left.) The prisoner left on Saturday, 15th June, and therefore I suppose it would be the 8th; at that time another clerk was in his place, and the major portion of the entries are in the writing of the new clerk, only a few are in the prisoner's writing—his instructions were to enter every sum he received in the out cash-book, and my memory does not serve me that there has ever been arny exception besides this—he did not give me notice—he did tell me that he was about to apply for a vacant berth at Liverpool, but I did not write a testimonial for him—it was not in consequence of that that he gave me notice—the new clerk came a week before the prisoner left—the prisoner did not at my request remain a week after his time expired, in order that he might explain to the new clerk his duties; he said that he had some leisure time, and he should be happy to give any assistance to Mr. Wilkinson—I said, "I shall be happy to remunerate you; "but he said, "I do not require it"—I think he came every day—there is not a small sum due to him, not that I am aware of; he left on the 15th—I gave him a cheque in settlement on the 17th—it was after he received the cheque that he came to assist the new clerk—he was several days doing that—there is not 3l. or 4l. due to him for money paid that I am aware of—I have balanced no accounts with him—he never paid money, he would receive money—if he did pay anything he would ask the petty cash clerk for the money—if the petty cash clerk was out, and he wished to serve his master, he would pay the money himself—I had two written references with him.
MR. LEWIS. Q. Has he ever made any further claim on you for money paid? A. No; he received this cheque in satisfaction.
FREDERICK MORFIN. I am managing clerk to Mr. Stubbs, messenger of the Court of Bankruptcy, and have charge of his books—on 7th March 22l. 6s. 1d. was due to Mr. Stubbs, from Mitcheson's estate—it was still due on 31st May—if it had been paid it would have passed through my hands, and I should give up an allocatur the allocatur is still in my possession, it would be given up to anybody paying, as a voucher for the payment.
Cross-examined. Q. Do you know whether Mr. Stubbs has applied to the prisoner for this amount? A. I do not—the meeting for auditing the
bankrupt's accounts was on the Monday following 19th June—I do not remember seeing the prisoner at the Bankruptcy Court about that time—I see a hundred faces every day—I have never applied to the prisoner for the money.
Cross-examined. Q. Do you know to whom you paid it? A. No.
DAVID HAWKINS (City Policeman). I took the prisoner on a warrant on 2nd July—it was issued on the same day from the Mansion House—I had been looking for him for eight or nine days previous, and had been to his house, but could not find him—I said, "I believe your name is Walker"—he said, "No, my name is Gibson"—I said, "I believe you to be Walker"—he said, "My name is Walker, I will not deny it"—I said, "The charge is embezzling 22l. 6s. 1d. of Messrs. Lumley and Lumley, your masters"—he said, "I shall not deny the charge."
Cross-examined. Q. Did he not say, "I did receive the money, but not with the intention of embezzling? " A. Nothing of the kind—he did not say, "I had no intention to embezzle the money"—he had passed his house, but did not go in.
WILLIAM HENRY GODOLPHIN. I am a short-hand writer in Messrs. Lumley's office—I was sent over to the Bankruptcy Court to fetch the prisoner—he asked me on the road who wanted to see him—I said, a gentleman who was with Mr. Lumley—he came back with me, and I heard him ask the managing clerk who was with Mr. Lumley; I did not hear the reply—I showed the prisoner into an inner room which had an outlet into the passage, and shut the door—I told Mr. Lumley, and by the time he came the prisoner had gone out at the other door into the passage—all the clerks saw him come into the outer office, take up his hat, and run away—I looked out at the window and saw him walking in the Old Jewry—I went out to see for him, and he was gone.
Cross-examined. Q. Do you know the nature of the business he had to discharge in the Bankruptcy Court that day? A. No; it was Friday, 21st June—I was not examined before the Magistrate—I was there.
The prisoner received a good character. GUILTY Recommended to mercy by the Jury on account of his character.. —Twelve Months' Imprisonment.
MESSRS. DALY and WARTON conducted the Prosecution.
ELIZABETH SHEPHERD. I am housemaid to Mr. West, a dentist, of 159, Camden Road—on the night of 27th March I fastened up the drawing-room about ten o'clock—I had shut the window early in the evening—when I saw it in the morning Mr. West had closed it.
BYATT WEST. I am a dentist, of 159, Camden Road, in the parish of St. Pancras—on 28th March, about three in the morning, I heard a noise, got out of bed, and saw the prisoner on the first floor landing—there was a light from the gas in the street and from my neighbour's house; they are detached houses and form a crescent—I struck the prisoner on the right cheek with my right hand, and he struck mo violently on the temple twice, which produced an effusion of blood—he rushed down stairs—about two days afterwards I saw him at the Brentford
Police-station with another person, and pointed him out—I found my drawing-room door and window open, and there was dirt from some one's shoes on the mat—that is on the ground floor; the window and shutters were wide open.
Prisoner. Q. When I was first brought under your notice on the 28th with another man, did not you order the other man to take off his cap? A. Both of you, I think, and I believe I examined both of your heads to see if there was any mark—I do not think I asked him how he came by a bruise on his right cheek—I did not ask him to open his waistcoat, but the policeman opened it—he told me he had been fighting—I do not remember whether he wore a moustache—I said that I should like to see you by yourself in less light, and the superintendent took you into a passage where there was a light at one end and none at the other, and then I said, "I know you, and you know me"—I had the blinds drawn down in order to see you in a subdued light, as I saw you the first time—I was awoke by a loud rumbling noise and a violent concussion, which shook my bed—I thought it was nothing like a burglary, and therefore I went out unarmed—you had a little mark on your cheek two days afterwards, but not much.
MR. WARTON. Q. Is there a gaslight in the next house which reflects into your window? A. Yes; my house is not one of the same couple from which the light shone, there is a space between the staircase windows—I have no doubt as to the prisoner being the man.
JAMES PAYNE (Police Sergeant 19 T). On the morning of 29th March the prisoner was at Twickenham Police-station, and I noticed a mark on his right cheek about the size of a half-crown, as of a severe blow.
Prisoner. Q. When you were asked by the Magistrate to show him the mark on the following morning, did not you say that I had a slight wound, which appeared to be a boil, and which had entirely gone? A. I said that the mark was partially gone, but not entirely—I can see it now; you made some remark about a boil, and I said that it was about the size of a large boil.
Prisoner's Defence. I think it a very hard case. There are three or four persons where I slept, who say that they cannot appear unless I furnish them with the means to pay for their loss of time; they live within a mile of this place. The other man who was charged with me had a mark on his cheek; that man slept with me on the night this gentleman's place was entered, and he was allowed to go at large. I never was in the neighbourhood the gentleman says that he resides in in my life.
MR. DALY conducted the Prosecution.
EDWARD PITTS (Policeman 131 N). On 17th June, about a quarter to five, I saw Burnett at the corner of Marchmont Street—he whistled, and Backett jumped from the window of 55, Union Street, and ran away—I ran after him, caught him, and took him back to the house—the shutter was open, the top part of it was shut down, and the blind was torn from the roller—the window was shoved right down, wide enough for a man to
get out—I aroused the inmates, aim they gave me this stick. (About ten feet long, with a nail at one end to form a hook.) I gave a description of the a other man—he was brought to the station, placed with other persons, and I identified him.
DANIEL IRDEN (Policeman 194 H). About a quarter to ten at night on 17th June I saw Burnett in Shoreditch—I told him I should take him for being concerned with a man named Backett in a burglary—he said, "I don't know nothing about it; I was at home in bed"—I have seen them both together hundreds of times.
HENRY WHITE. I live at 55, Union Street, Hoxton, in the parish of St. Leonard's, Shoreditch—on 16th June the bottom sash of my front room window, ground floor, was secured, but the top was an inch or two open—I found this stick in the room, it is not mine, and was not there before—I found the window down next morning.
BACKETT— GUILTY. He was further charged with having been convicted in October, 1866, to which he PLEADED GUILTY.*— Eighteen Months' Imprisonment. .BURNETT— GUILTY.*— Eighteen Months' Imprisonment.
RICHARD GREENFIELD. I keep a ham and beef shop, 1, Theberton Street, Islington—I had a cart and pony in Bishopsgate Street, last Thursday—I went to see Mr. Dower, and sent his man to look after it—I was gone a quarter of an hour, and when I returned I missed my coat, but a lad brought it to me almost directly.
SMAUEL DRIVER. I am twelve years old—I had charge of this pony and cart—a man told me something, and I ran up the court after two men, one of whom had the coat—the prisoner is one of them, and I think he had it—they dropped it at the end of the court, and I picked it up and gave it to Mr. Greenfield.
Prisoner. At the station you said that it was not me who had the coat. Witness. I did not.
WILFORD WRIGHT (Policeman 177 G). I heard a cry of "Stop thief! "and saw the prisoner and another man running—I caught the prisoner, but did not see the coat—Driver identified him at the station—he said, "It was not me that took it; it was no use taking it back, as the parties would be gone."
GUILTY.**— Nine Months' Imprisonment.
WILLIAM CRANN. I am a brassfounder, of 25, Union Street, Borough—on Saturday night, 22nd June, a little before midnight, I had been in the country, and was going home up Shoreditch, the two prisoners asked me to treat them and then to go home with them, they tried to hustle me and drag me up a court—I missed my watch from my pocket, which was safe when I met them—I ran after them and met two gentlemen in Threadneedle Street, who asked me if I had lost anything, they said, "They have gone down there"—I spoke to a constable, who pointed out the prisoners, and I accused them of stealing my watch—Lewis said, "Here it is, let me go, "and gave the watch to me—I let go of Gardner to take it, and she ran away—the policeman took Lewis.
Gardner. I never was in his company.
REUBEN HEWES (City Policeman 62). I saw Crann running, and followed him till he overtook the women; I took Lewis, and I believe Gardner is the other—she ran away and another officer took her—I saw Lewis put this watch into Crann's hand just as I got up—I saw them in company in Cannon Street half an hour before.
Gardner's Defence. I am innocent; I had no idea what the woman was going to do.
HAMILTON JONES. I am clerk to Johnson and Matthews, of Hatton Garden—on 21st June, about 11.30 p.m., I was in Cheapside, the prisoner came up and asked me the way to Cheapside, I told her she was in Cheapside, she said that that was not the place, she wanted the street that led into Cheapside—I had not said the words a second before a man came across from Milk Street and struck me—he accused me of talking to his wife or to his mother—I struck him back on his neck, he made a second attack, and the prisoner came between us—I took a blackthorn stick from my left hand, and said that I would knock him down—I struck him across the head, he made another rush at me, and I struck him a second time—the prisoner came between us to save him, she then went to Milk Street, and the man ran away, I followed him, but he got away—I missed my watch and gave information—I have never seen it since—I had had it five or ten minutes before—I identified the prisoner with another female in the cells of the Mansion House, and am sure she is the person.
Prisoner. You never saw me in your life till you were at the Mansion House; the moment you came in I was pointed out to you as stealing watches. A. You were both pointed out to me as stealing watches.
Prisoner's Defence. I think it is not justice to point a person out; it if selling a person.
GUILTY.— Fifteen Months' Imprisonment.
OLD COURT.—Wednesday, July 10th. 1867.
Before Mr. Baron Bramwell.
662. JOSEPH FINKINSTEIN (52) was indicted for feloniously and without lawful authority uttering a paper upon which was printed parts of an undertaking for the payment of twenty-five roubles of the Empire of Russia.
MR. SERJEANT BALLANTINE, with MR. SLEIGH, conducted the Prosecution, and MR. GRIFFITHS the Defence.
JOSEPH THOMPSON. I am an inspector of the detective police, Scotland Yard—on 24th April, 1866, the prisoner called on me and had some conversation with me in reference to forged Russian notes—I showed him a forged Russian note which he had sent me, it is the one produced—he said that he had received it from a man named Powell, who was lodging in his house, and that he had arranged with him to get more notes from him—he knew who I was—about four days afterwards, I believe on the 30th, he called again, and brought me four twenty-five rouble notes which he said he had received from Powell, and that he was making arrangements to find
out who were the makers of these notes, so that he might give me information, and he might be arrested—he told me that he would have to return the notes to Powell that night, or else take back to him 12l.—I gave him back the notes, after taking the numbers and dates—this is the paper upon which I wrote them—I told him I wished he would give me some proof that what he had been telling me was true, and he volunteered to take the notes to Whitechapel, and give them back to the man of whom he had received them, in my presence—I told him to be careful what he did with them, and that if he did not return them to the man or bring them back to me, if he was ever found dealing with them, or if he fell into the hands of the police with these notes, it would be the same as if he was uttering them—I went, according to his appointment, to the place he indicated, a public house in Whitechapel, close to his house—I waited there an hour and a half, but saw nothing of the prisoner—I never saw him again to speak to him until June this year—on 1st June, in consequence of a communication, I went to a certain place in Whitechapel, where I saw a man named Prosinowski; he made a statement to me, and produced a forged rouble note, which I have here, marked B—the note which the prisoner sent to me I did not return to him, I paid him for it; I gave him the full value, 3l.—this note marked B is one of the four notes which the prisoner produced to me in April, and of which I took the particulars—in consequence of what Prosinowski told me I sent for the prisoner there and then, and he came to where I was—I had this note in my possession—I said to the prisoner in Prosinowski's presence, "This man is found in possession of a forged twenty-five rouble note, which he says you gave him this evening to utter"—the prisoner asked to see the note—I produced it, and at the same time cautioned him that whatever he might say might be used against him at a future time—he looked at the note and said, "I did not give it to Prosinowski, and I never saw it before in my life"—I said, "That cannot be correct, because the note in question is one of the four notes you brought to me in April last"—he said, "No, it cannot be one of those notes, because after I left you I was so frightened that I tore up the four notes I had shown you, and threw away the pieces"—I asked him if he had any papers about him—he produced this book, and in it I found an entry of the number of the note marked B—I asked him if that was in his handwriting—he said it was—I asked if he knew the note this number referred to—he said he did not—it is written in pencil—I then took him into custody—I afterwards went to the place where he lived in Leman Street, and searched, and in the room occupied by him I found this other book, in which are entries of the numbers of the four notes that he brought to me in April last—two of the numbers are repeated—on 3rd or 4th November last I saw two notes, the numbers of which corresponded with two of these four that the prisoner brought to me—they were brought to me by somebody else, a person living in the prisoner's house.
Cross-examined. Q. You have known the prisoner some time, I think? A. The first came to me in the early part of April, 1866; that was die first time I knew anything about him—he came expressly to inform me that he suspected a man living in his house of having forged notes—he had no forged notes when he first came—he mentioned Powell's name on the first occasion, and he mentioned the names of two women who he said were living in his house—I can't say that he mentioned the name of some other man—I don't think he did—I am aware that Powell was lodging in his house at that time—I believe he came to me, knowing I was the inspector
acting on behalf of the Russian Government to detect these notes—I know a man named Gudstadt, he was lodging in the prisoner's house at a late date—the prisoner did not give me any information with regard to Gudstadt—I know that Gudstadt has left this couutry—I don't think he took a vast number of forged Russian notes with him; I won't say I am sure of it—it was not stated that he did—(looking at a paper) this looks like an official letter from the Russian Government—I know that the prisoner has not given a great deal of information to the Russian Government respecting these forged notes—I am not aware that they wrote to him thanking him for the information he had given—I never heard of it with reference to Gudstadt—I believe Gudstadt was a great friend of the witness Nathan—Nathan is a tailor—he knows a great many Jews at the East end, and pretends to know a great deal about Russian notes—I told Nathan if he heard anything to come and see me from time to time, that I would hear what he had to say, and see if it would be of any service—I said nothing of that sort to the prisoner—I saw him three or four times; that was only with reference to Powell, who was then living in his house—Prosinowski was also lodging there—I know nothing of Prosiuowski's character—I know very little of him—I have never seen the Russian official documents of conviction—I did not arrest the prisoner when he brought me the notes, because he pretended to have information respecting other persons, and by allowing him to return the notes to the man that had given them to him there would be a chance of discovering where they were made; under those circumstances I allowed him to take them away, but I took the numbers first—the place where the appointment was made was close to his house; that was the same evening when he arranged to return them—it was the third or fourth time of his coming to me—I did not go back with him and arrest the man, because I am pretty well known among the Jews at the East end—I had no sergeant at hand just then—it was not a question of arresting—it was a question of seeing the notes returned to the man who had given them to him—I went to the place and waited, but neither came; it would have been unwise to have gone with the prisoner—I did not see the prisoner again till June—it would not be fair to tell you why—he did not leave his lodging—I heard that Powell knew nothing about the notes, and that it was the prisoner's intentions to plant them upon him, that he might be apprehended; under those circumstances I refused to see him again—Powell did not quit the country then—he left some three or four months afterwards, and I believe is now in Paris—I believe Prosinowski went to lodge with the prisoner five or six months ago; I don't think he was lodging there at the same time as Powell—the men who give information are rewarded.
DENNIS COMER. I live in the Commercial Road, and am a photographer—I have been in England eighteen years; I am a Russian Pole—I have known the prisoner since 1853; he was in the habit of calling at my house; he did so in November last year—he said to me, "I have got some business, if you like to do with it; I think we can get a good bit of money"—I said, "What kind of business is it? "—he said, "I shall tell you bye and bye"—he went away then—he came again another time, and I said, "Do you know what kind of business it is? "—he said, "Yes, I will tell you, only you must not say for anybody; I have got some Russian notes, you know about Russia (I had been in Russia seven years), you know how much it is in Russia; if you like to go to Russia, I don't mind supplying you with Russian notes very cheap, 10l. English money for
100l. Russian notes; and if you go there any time I shall give you a 100l. for less than 10l. if you do any business"—I said I wanted to see them—he said, "I have not got them here; if you call at my house I will show you them, or I will call at yours some time, and bring them"—after the lapse of a few days I passed by Leman Street and went to his house—he was down stairs in the kitchen—he spoke about likenesses and one thing or another, and I said, "Can you show me these Russian notes? "—he said, "Yes"—he turned round into another room, and brought me two or three twenty-five rouble notes—I said, "I am afraid of this sort of business, and I don't want to do anything of the kind"—he said, "Oh, you are a fool, they are very good indeed, nobody can detect them"—I said, "That might be, I don't know much of these notes, they may be good or they may not, only I am afraid; I don't want to do such a business, I never done such a thing, and I don't want to do it"—he spoke to me about it several times; he used to come to my house—he said business was very bad—it was middling, but I declined it—he asked me to go to Russia—I said, "Why don't you go? "—he said, "I must not go, but I will send my wife with you if you like"—I said, "No, I don't want to do such a business"—I declined it several times—I can't say when I first gave information about this—he came to my place one Saturday with two young men, to take his likeness, which I did—after that Mr. Nathan came to my place; I then said something of what had occurred.
Cross-examined. Q. Was the prisoner in custody at the time you said anything about the notes? A. No, it was a good many weeks before—I was not before the Magistrate; I have never been a witness before, I swear that—I knew a man named Cohen, he owed me some money, and I summoned him and he paid me; I was not a witness—it was about two months after the prisoner produced the notes to me that I gave information—I did not know they were wrong; I did not expect it—I did not know whether they were good or bad—he told me he could deliver me as many as I liked cheap—I never saw Gudstadt—Nathan did not come with the prisoner at any time, he came afterwards.
MICHAEL PEISER. I am a Prussian—I live in Little Alie Street, Goodman's Fields—I have been in England about twenty years, keeping an eating-house—I have known the prisoner about twelve years—about April last I called at his house in Leman Street; there was a young man lodging with the prisoner, and he told me that this young man had brought over 20,000 guilders to buy goods—I asked him what goods—he said, "I will tell you bye and bye what sort of goods, I will show you"—he took me into a little room, and said, "Come in, I will show you what goods the gentleman wants"—he took me into the little room privately, and brought me in a twenty-five rouble piece—I said, "What do you mean by that?"—he said, "These are the goods that the gentleman wants, "and that he brought the money "to buy"—I asked him how much was one like that, how much did he charge for it—he said, "Half a crown a rouble"—a rouble is about 2s. 9d. in English money—I said, "Is that the value of it? "—he said, "Never mind the price; if you only get a good customer we shall make a bargain about it"—I said I would see about it.
Cross-examined. Q. This was not the first time you had seen notes of that class, was it? A. I have often seen Russian notes, I have been in the country; I have not often seen bad notes in this country; I saw more before I saw this, I swear that—the prisoner once accused me of having bought some of these bad notes—I don't know that he wrote to the
Russian Government to inform them of it—he never told me that he got a letter from the Government thanking him for the information he had given them.
FISHEL PROSINOWSKI (through an interpreter). I am a traveller in London—I have known the prisoner ten or eleven months—I saw him in June last, at his house; I was lodging with him—he gave me a twentyfive rouble note for the purpose of selling it—he said the more I could get for it, the more profit I should get from it, the more he would pay me—I went immediately and told Nathan of it, and about eight the same evening Mr. Thompson came to me, I gave the note to him.
Cross-examined. Q. How long have you been in this country? A. Two years less one month; formerly I was a traveller in pictures, and afterwards a glass-cutter—I have not been a good deal in trouble in my own country—I have not been convicted of forgery—I was never in prison—I am a Russian Pole—I first went to lodge with the prisoner about ten or eleven months ago—Powell was not lodging there at that time—I was the first lodger there when he made it a lodging-house; there was' another lodger, who has left since, named Mushala Roolda—I now recollect there was another lodger before me, named Davis, a glazier, and I don't know what I expect to get by giving evidence—I owe the prisoner some money—he did not charge me with having stolen some notes wrapped up in some linen in his box—I did not take any linen out of his box—I did not say in the presence of Mrs. Barnett and Mrs. Malago that I did—the prisoner did not threaten to put me in prison if I did not pay him the money I owed him.
COURT. Q. How much do you owe him? A. Between 3l. and 4l.—the prisoner told me to go up and down the street with this note, to see if I could find anybody to buy it, and I went to Mr. Nathan for that purpose.
EUGENE KLEIN. I am officially connected with the Imperial Bank at St. Petersburg, where the bank-notes are manufactured—my special office is connected with the manufacture of bank-notes, and also the examination of forged notes—these three notes are forgeries, and the fourth one also, and all struck from the same plate; they are very good imitations.
GUILTY.— Five Years' Penal Servitude.
THIRD COURT.—Wednesday, July 10th. 1867.
Before Mr. Common Serjeant.
MR. DALY conducted the Prosecution, and MR. COOPER the Defence.
HARRIET NEAVES. I am an "unfortunate woman, "and live at 56, St. Thomas Street, Burdett Road—about twelve on the night of the 18th May I was in company with Louisa Martin and a gentleman friend of hers in the Burdett Road, going towards home—the prisoner came to us and said to the gentleman, "You shan't go home with that woman; if you do I will smash her windows"—she then went away—I went home, and about half an hour afterwards the prisoner came with a man—a lady friend of mine had occasion to go to the door, and directly it was opened the prisoner rushed past her and came into the kitchen where I was—she struck the gentleman that was with me, pulled off his cap, and dragged him into the passage, and then the man that was with her struck him—she took up a
glass tumbler and threw at me, which cut my face just under the eye—I have the scar now—after that she threw an extinguisher at me—I did not see her again until three weeks aftterwards—I have been under the care of Dr. Talbot since.
Cross-examined. Q. Have you known this woman some time? A. Yes; I have seen her—she has not lived in the same house with me—I do not know that the gentleman was some "fancy" gentleman of hers—he was quite a stranger to me.
GUILTY of unlawfully wounding. —Three Months' Imprisonment.
664. FREDERICK MACKEY (30) , Stealing sixty combs, the property of George Thomas Gaine and another, his masters; and MARK LEVY (65) , Feloniously receiving the same. MACKEY PLEADEG GUILTY. — Twelve Months' Imprisonment.
MR. DALY conducted the Prosecution, and MR. M. WILLIAMS defended Levy.
ALFRED GAINE. I am manager of the business of George Thomas Gaine and another, hardware merchants, of 5, Martin's Lane, Cannon Street—Mackey was a warehouseman in their employ for about five weeks—his duties were to keep his department in order, and to serve customers—he had no right to sell goods outside the warehouse, only to those customers that came inside—if he sold goods for ready money that would be entered in the till-book, and another assistant would put his initials against it—there is every reason to suppose that these combs (produced) are part of our stock—we have similar combs in stock—they are worth 22s. 6d.—we never could have missed so small a package from our stock—I gave instructions to the police with respect to Mackey.
EDWARD HANCOCK. I am one of the city detectives—on the 14th June I watched the premises of Messrs. Gaine and Co.—about five minutes past 4 p.m. I saw Mackey leave—I followed him into Philpot Lane, where Levy was waiting—they both went to the end of the lane and stood leaning against a post, very close together, for two or three minutes—they then went into the private compartment of a public-house" in Lime Street—they were there a minute or two, and then came out and separated, Levy going in one direction, and Mackey another—on the 15th I saw Mackey come out about one o'clock—I followed him into Thames Street, where he met Levy; they spoke and separated almost immediately—on the 17th I saw Mackey leave, and I followed him to Eastcheap, where he met Levy—they went to the end of a court, and in about a minute they parted—on the 19th I again followed Mackey to Eastcheap, where Levy was waiting, and on the 19th, in company with an officer named Space, I again watched Mackey—I saw him leave about twenty minutes past four—I followed him to Eastcheap, where he again met Levy—they both looked round cautiously, and then crossed the road and went up Talbot Court—they returned in two or three minutes, and went into a public-house in Lower Thames Street; from there they went to Eastcheap, where they parted, Levy going in the direction of the Tower, and Mackey into a coffee-shop—I called him out and told him Levy was in custody; he denied him—I took him to the station—at the station they were brought together—I said to Mackey, "There is the man I spoke to you about; do you still deny knowing him? "—he said, "I do know him, I gave him five dozen ivory combs"—the inspector asked Levy whether he knew Mackey, and he said, "No, I do not; I have never seen him, I do not know him"—the following morning, on the way to the Mansion House for examination, I said to Levy, "This man (pointing to
Mackey) says he gave you five dozen combs"—Mackey said, "Yes, that is true, I did give them to him"—I said, "Were they paid for? "and Mackey said, "Yes, he gave me 7s. for them"—I said to Levy, "You hear that? "—he then said, "Yes, his word is sure to be taken; they are the first things I ever did buy of him, and I thought I could make a shilling or two out of them."
Cross-examined. Q. Did he not also tell you that he was a general dealer? A. The stated that at the station—I did not tell him I was a police-officer, but he knew that.
ROBERT SPRAKE (City Policeman 561). I was with Hancock on 17th, 18th, and 19th June, and we followed Mackey—on the 19th I saw Mackey join Levy in Eastcheap, and they went into a court, where I saw Mackey take something from his pocket and give it to Levy, who put it into his pocket—it was something small, and could be clasped by the hand—I told Hancock, and we followed them to a public-house in Thames Street; they returned to Eastcheap and parted—I took Levy into custody at the top of Philpot Lane—I told him I was a police-officer, and that I wanted to know what that man he had just left had given him—he said he did not know what I meant—I repeated it to him about twenty times, but he still said he did not know what I meant—after we had got some distance he said, "I do not know any man; I have not left any man"—he wanted me to search him in the street, but I told him I could not do that, as he would have to go to the station—in Cannon Street he said, "What I have got about me I bought at sales"—I took him to the station, and while he was in the dock he appeared to be faint, and we gave him a chair, to sit down—while in the chair he pretended to be getting his handkerchief out—I looked in his hat, and there found a dozen combs, and in his left-hand breast pocket I found four dozen more—Mackey was then brought in, and I said to Levy, "That is the man I spoke to you about"—he said, "I do not know him."
Cross-examined. Q. Which did he say, "I bought at sales "or "I buy at sales."A. I won't be positive which—I believe he said, "I bought at sales."
Levy's Statement before the Magistrate.—"I bought them. Can't you deal with it summarily? "
Levy received a good character, but Samuel Obey, an officer, stated that two or three years ago he was suspected of receiving stolen property.
LEVY— GUILTY Recommended to mercy on account of his age.. —Eighteen Months' Imprisonment.
RICHARD BOLAN. I live at Darlaston, near Durham—I came to London the beginning of June—about nine o'clock in the evening of the 4th June I was walking towards King's Cross—when near Holford Square I observed two men following me—Crawley is one of them—one was on my right-hand side and one on my left—Crawley caught me by the throat, my knee was struck from behind, and I was knocked down senseless—I had a watch in my pocket with a chain attached, which they took from me—there were two others with them—while on the ground they kicked me, and one of them pressed his knee forcibly into my side—I was hurt very much, and I feel the effects of their violence now—this watch and
chain produced is my property—Crawley, on getting my watch, said to the others, "D—it, he is a b—; he is bad to do with"—I earn swear Crawley is one of the men, but I am not so positive as to Smith.
THOMAS (Police Constable 200 G). About a quarter-past nine on the 4th June I was on duty in plain clothes in Percy Circus—that is about thirty yards from Holford Square—I saw the prisoners and another one not in custody following the prosecutor—I spoke to another officer, and then went round into the square by another way—I saw the prisoner go with the prosecutor into the mews—I followed them, and Smith said to me, "Is this the way to King's Cross Railway Station? "—I said, "No; that is the way down there; there is no thoroughfare here"—they all went into the square, and stood by where I could see them—they went about fifteen or sixteen yards, and then the prosecutor was thrown on his back—I ran to his assistance, and when within six yards I heard the man not in custody say, "Have you got it? "—Smith said, "Yes, I have got it; "and I saw the chain dragged from prosecutor's neck—Crawley was upon the prosecutor—I ran after Smith, and Crawley ran by his side some sixty yards—when I got to Holford Place I called out, "Stop thief! "and Crawley then threw himself down in front of me, and I fell over him—I got up and continued in pursuit of Smith, who was stopped in Swindon Street with the watch in his hand—Crawley got away—I can swear to him; I had known him before.
Crawley. Q. Where did you know me? A. I have known you about Gray's Inn Lane about four or five years—I know you to be an associate of convicted thieves, and men who patrol the streets at night for the purpose of robbing people—you used to live in Wellington Street some years ago.
GEORGE CROFORD (Policeman 59 G). At a quarter-past nine on the 4th June I was at the bottom of Great Percy Street, near Holford Square—I heard a cry of "Stop thief! "—I saw Smith and another man running from Holford Square—I ran after Smith through Percy Circus into King's Cross Road, and into Swinton Street—I caught him and asked him what he was running for, he said he was running after the other man—I asked him what he had got in his hand, and he said, "Nothing"—I seized his right hand, and found the watch and chain produced—I took him to the station.
GEORGER RANGER (Policeman 199 G). On the 8th June I was in Little Bath Street—I saw two women whom the prisoners have been living with go into a house—I went in—the two women were in bed and Crawley was lying on the sofa—Police-constable Knowles was with me—I told Crawley he was charged with committing a robbery with violence in Holford Square, Knowles then said, "That is the man that threw me down"—Crawley said, "I work hard for my living and know nothing about it"—I asked him where he worked, and he said, "At the Docks."
CRAWLEY— GUILTY.†— Seven Years' Penal Servitude and twenty lashes .
MR. R. N. PHILIPPS conducted the Prosecution.
CHARLES BEGBIE. I am a solicitor, and have offices in Essex Street, Strand—I live at No. 8, New Ormond Street, Bedford Row—about ten o'clock on the night of the 11th May I arrived at my door—I knocked and then turned round—there is a light on the pavement about two yards from my door, and another one on the opposite side of the street—just as I turned round the prisoner came and attacked me—another man was with him, and I think there was also a boy—the prisoner Mruck at me with something,
but I warded the blow off with my stick, which broke it—I said, "Halloa! what do you want to do? "—he struck me about the body and head, and seemed to be trying to get at my throat—he then struck me a very heavy blow on the shoulder, I believe with a life-preserver, which knocked me down—while down he kicked me, and gave me another blow on the knee as hard as he could, which completely disabled me, and I could not move—I had in my pocket a gold watch, which was attached to my waistcoat by a gold chain, and while I was down the prisoner jerked it away with great force—they were worth about 20l.—I got up and cried out, "Stop thief! "—I went and found two policemen, and they had to take me home—a surgeon came and found my shoulder was dislocated—I have not seen the watch and chain since—on Whit Monday I went to the House of Detention—I recognised the prisoner out of ten or eleven prisoners, but I did not say anything there—I saw him at the station with four others, and amongst them was Crawley, and I was of the same opinion that he was the person—I asked the jailor to put his hat on—the night he attacked me he wore the same coat as he has on now, and he had on what is called a Fenian hat.
MARY BEWART. I live at 18, New Ormond Street, which immediately faces Mr. Begbie's house—on the night of the 11th June I was up stairs—three men attacked Mr. Begbie—I could not identify the parties—I saw the attack.
WILLIAM HUGMAN. I am a Fellow of the Royal College of Surgeons, and live in Guildford Street, Russell Square—I am Mr. Begbie's medical attendant—about a quarter to eleven on the 11th of May I was sent for to his house—I examined him and found the arm bone was dislocated from the shoulder joint—he had a large cut on his knee, and complained also of bruises on different parts of his body—it was a contused wound on the knee—I obtained the assistance of Mr. Sleggett, a surgeon, and we put his shoulder in again—those injuries must have been the result of very great violence—he is suffering from it now—he was detained at home about ten days—a life-preserver would have produced such injuries.
— BEGBIE. I am the prosecutor's wife—on the night in question I opened the door to my husband, and found him in the state described—I immediately sent for Mr. Hugman—this piece of gold chain (produced) I received from a greengrocer's boy, who had picked it up—I recognise it.
JOHN CHOWN (Policeman 5 E). I was present when the prosecutor saw the prisoner at the House of Detention on Whit Monday—the turnkey opened the doors of several cells, and when we came to the prisoner the prosecutor touched me and said, "That is the man "—I received a description of the man at the time of the robbery, and that description corresponds with the prisoner.
GUILTY.** He was further charged with having been before convicted, in April, 1865, to which he PLEADED GUILTY.— Ten Years' Penal Servitude and twenty lashes.
668. JOHN STEVENS (36) , to stealing 44lb. of bacon, and HENRY HANKEY to receiving the same. [Pleaded guilty:See original trial image.]Strongly recommended to mercy. STEVENS— Three Months' Imprisonment. .HANKEY— One month's Imprisonment.
MR. DALY conducted the Prosecution.
WILLIAM NEWBOLD (Policeman 151 N), About one a.m. on the 30th June I saw the prisoners in the Upper Street, Islington—they went into a urinal, and shortly afterwards I heard a cry of "Police! "—I went to the place and saw the prosecutor there with his hat off—he is deaf and dumb—he made signs to me and I went in search of the prisoners—I had seen Vigo about ten o'clock.
MILES FROST (Policeman 429 W). About twenty minutes past six a.m. on the 30th June I saw the prisoners come out of a court opposite the urinal—I followed them to the Angel, and there I took the soldier (Quinlan) into custody—I told him it was for assaulting and robbing a man of his watch—he said, "Very well, I will go"—Vigo was with him, they were drinking ginger beer—Vigo said, "God blind me, you shan't take him, I will knock your b—eye out first, "and then ran down the City Road.
Quinlan. You said you would take me in charge for being concerned in a robbery, and I said, "I will go with you, I know nothing of the robbery."
COURT. Q. Did he say that? A. Yes, he said he knew nothing of the robbery.
JOSEPH BECK (The witness's evidence was interpreted.) I live at 20, London Street, Caledonian Road—on the morning of the 30th June I went into a urinal in the Upper Street—two men followed me—they knocked my hat off, gave me a black eye, and seized my watch—I recognise the soldier (Quinlan) as one of the men, but I cannot recognise the other—there was another man with him, but he ran off—I have not seen my watch since.
MILES FROST (re-examined). I took Vigo into custody between four and five on Monday afternoon—I told him I should take him in charge for being concerned with another man in custody in assaulting and robbing a gentleman of his watch, he said he did not do it—I took him to the station, and the constable identified him as one of the men he saw go in the urinal—he is the same man I saw with Quinlan on the Sunday morning. (Before the Magistrate Quinlan said. "I do not remember meeting the man at all; I might have met him for what I know. I was in liquor." Vigo said. "I met this young man, Quinlan, on Saturday evening about ten o'clock, and we had something to drink together, and I bid him good night, and told him I would call for him the next morning, and go to Woolwich with him. I met him, and we were drinking some ginger beer when the constable came up.)
GUILTY.** Vigo was further charged with having been before convicted, in May. 1866, to which he PLEADED GUILTY.— Seven Years' Penal Servitude each.
MR. PLATT conducted the Prosecution.
GEORGE GARRETT. I live at 31, Parker Street, Drury Lane, and am a cabinet maker—about 10.30 p.m. on the 10th June I was standing at my door—I had been remonstrating with some boys who had interfered with my little girl, and as I was turning round to go in Mack seized hold of me and struck me by the side of the eye—another one struck me on the head—there were three or four of them—I was knocked down and
whilst I was down they kicked me about the head and body—they broke my little finger—when I came to my senses I missed my watch and chain, and my hat—Mack is one of the chief—I have no doubt about him—Holden is very like the party that stood at my left-hand side.
Mack. Q. Were you drunk or sober? A. Sober—I do not know whether I struck Holden—I was defending myself—I did not call Holden a thief.
CATHERINE GARRETT. I am ten years old—on the 10th June I was with my father at the door—he was speaking to some boys—Mack came up, caught father by the coat, and beat him about the head and body—father fell, and while he was down Mack kicked him in the head—while Mack was dragging father out Holden hit him on the eye—I am sure Holden was one of the men—they all ran away—a constable was fetched, and I was taken to Cross Lane, where I pointed Mack out.
EDWARD BELCHER (Police Constable 63 F). About 10.30 on the 10th June I was fetched to Mr. Garrett's house—he was suffering very much, and bore traces of having been ill-used—a description of Mack was given to me by Catherine Garrett—I took her to Cross Lane, and there she pointed the prisoner out—I took Holden into custody last Sunday night, about half-past eight—a description of him was also given to me by the last witness—on Sunday night I was talking to her at her father's door, when Holden passed down the street, and she pointed him out—I told him the charge, and he said he knew nothing about it.
Mack's Defence. I was in a public-house, and was the worse for liquor. Holden fetched me home, and when we passed the prosecutor's door he called Holden a thief, and I, being the worse for liquor, struck him. I do not believe Holden had anything at all to do with it.
HOLDEN— NOT GUILTY.
MR. STARLING conducted the Prosecution.
JAMES DEWAR MATTHEWS. I am an architect and surveyor, residing at 15, Belgrave Terrace, Blackheath—on the 27th June I was staying at the Old Furnival's Hotel, and about ten o'clock that morning I was about to enter the Black Bull public-house, which is close to Furnival'a Inn, when half a dozen lads surrounded me—Hussey snatched my watch and chain from me—I was hustled about a good deal by the others—Hussey went across the road, where I followed him—he was stopped by a policeman—my chain was fastened round my neck—I cannot swear to Howard.
WILLIAM HUTCHINSON. I am barman at the Black Bull—about one o'clock on the 27th June I saw the two prisoners there—there were from six to eight altogether—I was closing the doors when Mr. Matthews came up—I saw Hussey snatch at his watch and chain, and throw it—I caught hold of Howard and another, and the watch was dropped on the pavement—I fancy Howard dropped it, but I could not say positively—Howard caught hold of me by the throat and kicked me in the bottom of the stomach with his knee—I gave them into custody, and the other one
was discharged by the Magistrate—I picked the watch up—this is h (produced).
GEORGE BETTS. I am a cab-driver, residing at 6, Oldham Gardens, Farringdon Road—about one o'clock on the morning of the 27th June I was on Holborn Hill—I saw Howard and another leave the crowd, and I caught hold of them—Howard dropped the watch.
EDWIN POOLE (City Policeman 230). About one a.m. on 27th June I heard a cry of "Stop thief"—I saw Hussey run up Fetter Lane, and the prosecutor after him—I went round to Bartlett's Buildings, and stopped him; he said, "Stop thief, policeman, there he goes, I am not the one"—the prosecutor then came up.
Howard. I gave my right name, only my mother has been married twice. (Before the Magistrate Howard said. "I had no hand in the watch. This prisoner, Hussey, gave it to Donovan, and then me and Donovan were walking away together, when Donovan dropped the watch."Hussey said. "I had had a drop to drink, and I did not know what I was doing of.")
GUILTY. ** HOWARD— Three Months' Imprisonment, and Five Tern in a Reformatory. HUSSEY— Five Years' Penal Servitude.
MR. DALY conducted the Prosecution.
CHARLES THOGATE. I am a builder, and reside at Trafalgar Villa, Hackney—on the 20th June, about a quarter-past ten p.m., I was driving my horse and cart in the Pownall Road, Dalston—three men stopped me; one seized the horse's head, one climbed up behind, and one in front; one of them struck me in the face and broke my nose—I do not remember anything else until the prisoner was brought back to me—I could not swear to any of the three—I was insensible for some time—my gold watch and chain was picked up on the spot by a woman, who gave it to me—this is it'(produced).
JOHN HENRY KOUTON. I reside at 34, Powuall Road, Dalston, and am a clerk—about a quarter-past ten on the night in question I was standing in front of my house—I saw the cart being driven very quietly along the road; then three men came up; one stopped the horse, one jumped up behind, and the other got up at the side—I heard the sound of blows, and I saw the prisoner striking the prosecutor—the prosecutor was hurled to the ground—I rushed in amongst them, and the men ran away—I ran after the prisoner, and, after chasing him about a quarter of a mile, caught him; I never lost sight of him—he said, "Don't grasp me so hard; what do you want with me? "—I said, "You are my prisoner, and must go back with me, and I will hand you over to the local authorities"—I sent for a constable.
JOHN MAGNER. I live at 26, Kingsland Road—I was in the Pownall Road on this night, and saw what the last witness described—the prisoner struck prosecutor a very violent blow, and threw him on to the pavement—I was walking in the middle of the road—the prisoner ran past me, and I saw him brought back—I can swear to the prisoner being the man.
given to me by the prosecutor—I told the prisoner the charge; he said he knew nothing about it. GUILTY.— Eighteen Months' Imprisonment, and Ten Lashes. 5l. to the witness Kouton.)
NEW COURT.—Wednesday, July 10th. 1867.
Before Mr. Recorder.
674. WILLIAM BUCKLEY (36), HENRY BATTERHAM (36), WILFORD BULKLEY (32), and RICHARD BULKLEY (24) , Stealing 265 yards of rep, 240 curtains, and other articles, of John Easton, the master of Buckley and Batterham.
MR. GIFFARD, Q.C., with MR. GRAOM, conducted the Prosecution; MR. COLLINS appeared for Buckley. MR. DALY for Batterham, and MR. METCALPE for Richard Bulkley.
HENRY MANNING. I am potboy at the Woolpack tavern, Hart Street, Cripplegate—the prisoners have a room next door; I know them all—about the end of February W. Bulkley came in, and asked me to mind a horse and trap, which was just outside No. 2—I did so, and W. Bulkley brought from a dozen to eighteen white parcels out of the cart, and put them in the passage of No. 2, Hart Street—it was between six and seven o'clock, I should think—Batterham came afterwards and asked me for Mr. Bulkley; I said, "He is inside, going up stairs"—I knocked at the door, and Wilford Bulkley said, "Who is there? "—I told him the gentleman with the furry waistcoat from Easton's—he said, "Tell him to wait till the proper time in the morning, ten o'clock"—R. Bulkley was at that time inside the door of No. 2—Easton's doors were open at the time these parcels were brought out—Batterham stood by the tavern door—W. Bulkley came down about a quarter of an hour afterwards, and I told him again it was the gentleman with the furry waistcoat; he said, "Well, if he wants me, tell him to call at the proper time in the morning," and then he drove off in the trap with his brother Richard—on the second day afterwards I saw both the Bulkleys again, near dinner-time; Wilford asked me to mind their horse and trap—R. Bulkley brought these parcels down the staircase and put them into the trap, but they had changed the papers; they were white when they were brought in, and now they were brown—from twelve to eighteen were brought out—I noticed the size of them, they were the same as I had seen before—the two Bulkleys came to No. 2 during the week—I saw Richard Bulkley change some of the papers when he was carrying them down.
W. Bulkley. Q. Was that at the end of March or the beginning of April? A. I can't fix the date; you brought the parcels from the first floor to the chaise, and your brother brought them from the room to the thirst landing—I did not see you change any papers—you sent mo up for two parcels, and while I was up your brother changed some—I saw the inside of the parcels, they were the curtains that have been shown.
Cross-examined by MR. METCALFE. Q. After some parcels had been brought down, did you go up for some more? A. Yes; they sent me up after eight or nine had been brought down, and R. Bulkley was taking the white papers off and putting brown papers on—I only waited for two parcels—I did not see him put the brown papers on, but I saw him take the white papers off, and the brown paper was lying ready—I saw the
contents of the parcels off which he took the white papers; that was the only opportunity I had of seeing the curtains—he continued while I was there—I had 1s. once and 6d. once for minding the trap, nothing else—the first paper was whitey-brown paper—I cannot say whether it was much thinner than that which he afterwards put on, it might be—they were tied up with string—one parcel was waiting on a chair ready to go down, and he was changing another.
MR. GIFFARD. Q. Were the brown paper parcels you took down, the same size and shape as you saw him take the white papers off? A. Yes.
AMY BARNES. I am the wife of James Barnes, who keeps the Grapes public-house, Fore Street—I know Batterham and the two Bulkleys—I have seen the two brothers together, and I have seen the elder brother and Batterham together at our house—they used our house about six weeks, from about the middle of October to the last week in November—parcels hare been left at our house from time to time by a porter, whose name I think is Frost, which Batterham and W. Bulkley took away, and the elder Bulkley brought parcels to the house, which he took away himself—no explanation was given to me why the parcels were left—in consequence of directions from my husband, I directed W. Bulkley, about the middle of November, not to bring any more parcels to the house—they came to the house it times after that, but not so often.
W. Bulkley. Q. Had I generally a parcel? A. Yes, the parcels you brought you generally took away yourself, but I have seen the gentleman next you take away parcels.
Cross-examined by MR. METCALFE. Q. I think you have only seen Richard once or twice at your house? A. It may have been three times perhaps.
CHARLOTTE ROSLEY. I am a daughter of the last witness, and assist at the Grapes—I have seen all the prisoners there at different times—I have seen W. Bulkley and Batterham together three or four times, and have seen parcels taken away once or twice.
ROBERT HINER. I am employed at the Woolpack—I have seen all the prisoners there, and have seen Buckley and Batterham together, and I hare seen Buckley with Mr. Brough sometimes—I have seen parcels left at the house by Brough and Frost, which Brough took away, and sometimes Buckley took them away—this began about five months ago, and ceased about three months ago.
Cross-examined by MR. COLLINS. Q. Were you called before the Magistrate? A. Yes; the Woolpack is in Hart Street, just opposite the prosecutor's place of business; it is frequented by City clerks and ware-housemen as a luncheon house.
JOHN ROBINSON CLARK. I am clerk to Honey and Humphreys, of Ironmonger Lane, accountants under the bankruptcy of Messrs. Nathan, of Whitechapei Road—a quantity of papers were delivered to them at the time of the bankruptcy, among which I found these twenty-five invoices (produced) of goods bought by Bulkley—these are all we can find among the papers—I find other entries in Messrs. Nathan's books, we gave up from their stock four pieces of rep and one piece of damask—they are in the hands of the officers (produced).
JOHN NATHAN. I formerly carried on business at 34, Whitechapel Road, as a draper and mercer, in partnership with my brother Lewis—I know W. Bulkley, and have done business with him from time to time—I do not know whether the goods in these two invoices (produced) were
purchased by him, but I see his name here, so I suppose they were—I do not know whether we paid for them by cheque, but we generally do—this (produced) is one of our cheques, but it is not witten by me—my brother Lewis also drew cheques—I think it is our late clerk's writing, but I did not attend to it, as I had the outdoor business to attend to—I have no belief about this writing.
WALTER JACKSON BRIDGES. I am a buyer employed by Johnson and Co., drapers, of 109, Edgware Road—I know the two Bulkleys—Wilford was introduced to me by my employer—he had got some curtains to sell cheap, a job lot, as he represented, and about 1st March I went to their warehouse and bought 167 pairs of curtains at 9s. 6d. per pair, and four pieces of damask—they were delivered the same day, and paid for, and this (produced) is the invoice I received with them—W. Bulkley afterwards came to offer another lot of goods, and 1 went to 2, Hart Street, on 3rd April and bought fifty-four pair of curtains at 9s. 6d.—both the Bulkleys were present—I also bought some damask, which is on the same invoice—on 16th April I purchased seventy-six pairs of curtains at 9s., twenty pairs at 4s. 3d., and seventy-nine of dimity at 8 1/2d.; these (produced) are part of them.
W. Bulkley. Q. Do you know the manufacturer of the damasks? A. Ackroyd and Son—they are open to the trade generally, and are to be bought at every house in London.
Cross-examined by MR. METCALFE. Q. Do you say that on each occasion W. Bulkley was the man who came to your premises? A. On three occasions the goods were brought to my place by Wilford, Richard did not interfere at all—I do not know whose writing the invoice is in, bat I believe Wilford wrote it.
MR. GIFFARD. Q. Were the patterns of curtains new at the time you saw them? A. Some were new and some old—we have the same patterns of damask in stock now which we bought the season previous—the average price at which I sold the curtains was 13s. 11d., and the average cost 9s. 4d., some were 9s., I cannot say to a penny or two—we sold three pairs at 29s. 6d. out of 317 pairs—the average profit was about 4s. 7d.
MR. METCALFE. Q. When you first went to the warehouse was W. Bulkley absent? A. Yes, Richard was there alone—when I told him the object of my coming he said, "You must wait and-see Wilford"—he could not tell the price of the goods—when his brother came in I discussed the price with him while Richard remained in the room.
COURT. Q. Do you mean that you would not be sure about having the offer of goods at 9s. 6d. which you had offered at 32s.? A. No, not in a lot like that, where there were fourteen different qualities; there were as many different qualities as there were selling prices, from fourteen to eighteen—we deal with Messrs. Easton sometimes—I might have seen these patterns there, I cannot say.
THOMAS BROWN. I am a buyer in the employ of Allen and Co., St Paul' Churchyard—I produce some invoices, dated April 15, 1867, for thirtyseven pairs of curtains which I purchased of W. Bulkley—I had no knowledge of him before this transaction—I saw him alone at 32, Hart Street—Richard came in while I was looking at the curtains and remained a short time—I paid 9s. 6d.—I produce thirteen pairs of them, all the rest have been sold at prices varying from 11s. 9d. to 17s.
Cross-examined by MR. METCALFE. Q. Did Richard take any part in the transaction? A. None whatever.
JOHN EASTON. I am a wholesale carpet and drugget manufacturer—I have seen one of the Bulkleys about a year ago, but have had no transactions whatever with them—the other two prisoners were in my employment, Batterham was manager of the blanket department, and Buckley was in one of the minor departments; he was the holder of the keys; ho locked up the premises at night, at six o'clock, took the keys home with him, and opened the premises at 8.30 in the morning—after the first examination before the Magistrate I received a message and went to the cell to Batterham—he said that he was guilty, it was no use denying it, that he took away the keys from Buckley and opened the door, and that he believed Buckley to be perfectly innocent—one night after the robbery Buckley came to my house and wished to give up the keys, as he wished to be rid of the responsibility, it was two days before he was taken—I did not take the keys from him, because I had then perfect confidence in him.
Cross-examined by MR. COLLINS. Q. How long have you been in business in this place? A. Since 9th April last year—I did not take the business from Mr. Brown, he was in partnership with me at first—Buckley was in his employment nine or eleven years, I believe—my warehouse is very large—there are four entrances, but one is never opened, and another has only been opened for a month and closed again, and ingress and egress is by one door only, except for goods—I do not know that they were ever opened; they are not built up, but barred and bolted inside—the keys of those doors were all in Buckley's keeping—I have no knowledge that he kept them in the warehouse—I am the manager of the business and have clerks—Buckley occasionally acted as traveller for his department, which would take him away from the warehouse—I should say he was never away a week or even two days at a time—I sent him to Ramsgate last autumn to fetch a horse and trap, but not as a traveller, that was the only occusion when he was away at night—he was then one night away—the cashier, Mr. Nelson, had the keys then—Buckley's duty as traveller would sometimes take him away all day—goods are received by the entering clerk, and are hoisted at the en trance in Monkwell Street—that door is in a private yard, not in the street, and the outside door is open all day—the keys of those doors were in Buckley's custody during the day, and when he was travelling he ought not to part with them—I do not know where they were kept—there are three keys, about four inches long—the goods entrance is bolted and barred from inside, but there is no lock—when Batterham sent for roe to his cell, he said that he sneaked away the keys from William and opened the door—he said that Buckley was innocent—goods came into my establishment continually during the day, and always at one entrance—the other door should always be fastened at six, unless some department is late—it has been open later than nine sometimes, but not often—the public door would be just closed at six, and would be locked up when the clerks left—the goods entrance is closed at seven: eight sometimes, if the delivery vans are late, but goods are not taken away much later than seven—when Buckley was travelling he came in the morning and opened the doors—I do not know that he left the keys in the warehouse.
W. Bulkley. Q. Were carpenters at work for some months there? A. Yes—the door in Hart Street has not been open as late as twelve o'clock at night—one entrance has been kept open very late sometimes—the carpenters were there twice all night, and William stayed up with them—Mr.
Thomson has managed this department since the middle of last summer—the entering man before my present one left a month ago, merely for want of care, mistakes, but the mistakes were made since the commencement of this trial, and he was a little unsteady—the manager of the damask department also left through want of care—Calvert was not in the curtain department, he left for drunkenness in the middle of last year.
MR. GIFFARD. Q. Is the goods entrance in a private yard? A. Yes—it is a hoist; there is a large door, but the goods are placed in a box and run down to the ground floor; persons could climb in, but there is a large place with really no floor, and the hoist is let down into it—the door the potboy has described is not the ordinary public entrance, it is the one that ought to be closed, it is at the very further extremity of the warehouse and ought not to have been open at all; it is almost directly opposite No. 2, where the Bulkleys carried on business, across the narrow roadway, thirty feet—that door was open for a month part of the day before we found out the robbery, so that we had an entrance at either end of the warehouse—I authorised it to be open about the middle of March, about a month before the detection; the key of it was in Buckley's charge—there were no duplicate keys of any of the entrances.
THOMAS THOMPSON. I am buyer to Messrs. Easton—these curtains are their property, and have been taken from the warehouse—they were never sold—some are worth 15s. 9d., some 26s. 6d., and some 32s.—I have examined these curtains brought from Messrs. Allen's; 15s. 9d. is the value of them; they are Messrs. Easton's—curtains never go out without two tickets on them, our own ticket with our initials, and the small ticket of the manufacturer—here is a mark on these curtains where the tickets have been—we send our tickets down to the manufacturer, who puts them on—these (produced) are portions of our tickets—I have some in my pocket which correspond with them—every ticket we send oat or have come in has them on; we never sell any without, unless it is a pair of dirty ones.
W. Bulkley. Q. I want you to point out the engaged patterns? A. You mean our own designs; this is one—the number is 134—it is the 26s. 6d. curtain—there are no 32s. curtains here—we first missed curtains about February—I was then at Manchester—we took stock of that portion where the bulk was taken from, just one shelf—I stood by Mr. Scott—it took about two hours—the loss is 103l. 3d. forty-three pairs—I discovered an increased loss after I saw the curtains—I saw two invoices—we took stock a fortnight ago—it is impossible to tell the whole of our loss—I am not interested in exaggerating this robbery—there are not defalcations in my own department which I am anxious to cover by increasing this loss—I have never given goods away; I have given odd curtains away, which cost the firm nothing, but not a hundred, nor fifty, only twelve or fourteen—I may have given one or two odd handkerchiefs away, but not dozens—I have not given away odd shirts—I have never taken goods from my department without having them entered—I was in Bristol about November; that was before the stock-taking last year—I took samples with me from my department—my man looked them out—they are all entered, and were all checked when they came back—I stopped at Thompson's hotel, Bristol—I did not leave any portion of my samples behind me on that occssion; I have done so on other occasions, for another man to follow me and take them on—that was somewhere about November—they were entered to me, and returned and checked—some
samples remained there six weeks or two months—one of the firm did not go for them; I left them there for some one to follow me—I was once spoken to on the subject by one of the firm—goods were not left behind on that occasion which were not entered to me—I did not leave the goods behind by accident—I do not know how it came to the knowledge of the firm; it may have been through another traveller, Simpson—there is no rule established—if I, as the buyer of the department, leave the samples behind for somebody to follow me, I can do so; I am responsible for them till they are returned—I was short of money when there, but I had quite enough to come back with—the firm were perfectly satisfied with my explanation—I left my bill unpaid, and left the goods behind me—the firm may have paid my bill; it came out of my expenses, and being intimate with the landlord, it made a difference.
MR. GRAIN. Q. Are the samples odd curtains? A. Yes—I gave away ten or twelve of them, but I told Mr. Easton I had done so—I was not called back from Bristol—I never left goods at Bristol, it was at Exeter—I had no notice to come back; they did not send a traveller afterwards for the goods—some one was to follow it up—the bill which he charges me with not having paid was the bill of the firm—there was a fixed sum for my expenses—Mr. Easton has not complained of me in any way.
JAMES THOMPSON. I am a salesman in the carpet and damask department at Messrs. Easton's—these six pieces of damask delivered up from Mr. Johnson's are the property of the firm—I examined the stock, and found four pieces of rep and one piece of damask were missing, which I afterwards saw at Messrs. Nathan's—I also missed five other pieces of damask, at 63s. to 80s. the piece—the rep was 8s. 2d. the yard.
Cross-examined by MR. COLLINS. Q. Who was the manager after the principal left? A. No particular manager except Buckley—Mr. Nelson is managing man in the counting-house, and cashier
W. Bulkley. Q. When did you enter the firm? A. Last August, there were then no hands in my department, it had been without hands about a month, or it might have been more—there is now another young man, an assistant—I was alone in the department from August till March—I kept a stock-book—I found the stock pretty correct at the stock-taking last Christmas—the book was kept for Mr. Easton's use as well as my own—it was kept in a table drawer—it is in my writing, and none but mine—I will swear that every price of goods that I have seen, and which has been sold, has been written off by me—I write the customer's name who purchases them—I have been one journey this year, it was to Leamington—I have not travelled round town as traveller—I have been away for half a day for the department, but not near ten times—Mr. Easton would overlook my department in my absence, or the man in another room—goods were sometimes sold in my absence—I never found prices written off in my absence; they told me when I returned, and I asked them who they were sold to—nothing could be sold without my knowledge, I should see it in the tissue book—it was not in the power of anybody to sell goods in my absence without my knowledge, unless they forgot to make the entry; but I might not miss the piece of damask, as the stock is very large—these are Ackroyd's goods, all but two pieces—they are open to the wholesale trade, but not to the retail; they are kept, I should say, by every house in London—I recognise these goods as similar to those I kept in stock—I went to Messrs. Nathan, and saw some reps and some fancy damask, which I recognised—I had missed four pieces of rep prior to seeing them, and since
January, when stock was taken—I only recognise the goods at Nathan's as similar to ours, but the fancy patterns I swear to—I have every reason to believe that the others have been in our house, I will swear it.
W. Bulkley. Q. Did you go round the house with Mr. Easton with respect to the travellers' samples? A. No, the books are out of my province altogether; the duplicate key was never out of my pocket—I used to keep it in my pocket on Sunday.
Cross-examined by MR. COLLINS. Q. Have you got it now? A. No, but this is an exception—Mr. Chadwick has it in my absence, because the keys of the safe and the cash-box are attached to it.
WILLIAMS SMITH (City Detective). On 29th April I went with Fork to 59, Swinton Street, Gray's Inn Road, and found Richard Bulkley—I said, "We need not tell you we are officers"—he said, "No, I know you, "calling us each by name—Fork said, "We have come about some curtains sold to Mr. Johnson in the Edgware Road by your brother Wilford"—he said, "I know nothing at all about any curtains"—Fork then produced two receipts, and Richard said, "Yes, these are our receipts, walk up stairs"—we walked up, and he said, "Come into the back room, I do not want you to go into the front, I have a friend there"—we walked into the backroom and told his wife, who was in the front room, to come to us—she said, "What is the matter, Richard? "—he said, "Do not say anything, get him away, "meaning the person in the front room—while she was gone he said, "Do not tell her what it is"—I searched his room, but found nothing relating to this charge—I afterwards went with Fork to 77, Stanhope Street, Hampstead Road—Wilford Bulkley opened the door—it was about a quarter to two in the morning—he said, "Halloa Smith, halloa Fork, what is the matter; oh! I see what you have come about; come up stairs"—when we got up stairs we told him we should have to take him in custody for being concerned in stealing a quantity of curtains from Messrs. Easton's, and that he had disposed of them to Mr. Johnson in the Edgware Road—he said, "That is right; have you got Dick? I said, "Yes, he is in custody"—he said, "You will find it a fearful affair, and there is about twelve or fourteen in it"—I saw these two curtains (produced) hanging in the window, and said, "Why, there are two of the curtains there"—he said, "Yes, that is one pair of them; I had two pairs of them one pair I burnt, for I was in Dolly's chop-house last Saturday; I stood behind Thompson, and heard him tell Mr. Brown that they had got a fresh clue in reference to the curtains, and I went home and burnt the other pair, and made up my mind to leave my residence to-morrow morning at eleven o'clock"—this was Tuesday morning at two o'clock—we took him in custody and charged him with stealing and receiving fifty-one pairs of curtains—after the first remand I went to 2, Hart Street, searched the grate, and found this quantity of tickets partially burnt.
W. Bulkley. Q. Did not I tell you I expected you? A. Yes—I did not say, "You do not seem to be at all annoyed about it" nor "Why on earth did not you get away? "nor did you say, "It is no use going away without money"—your place was littered with tickets torn up.
Cross-examined by MR. METCALFE. Q. Did not Richard say, "Yes, these are our invoices? "A. Yes, but his first reply was that he knew nothing about the curtains.
Bulkley's lodging on 29th April—on the morning of the first remand W. Bulkley called me to his cell door, and I asked him if he chose to tell me who the person was that he purchased the curtains from; he said, "How could I have possession of them without having the keys? "and I said, "Who kept the keys? "—he said that Bulkley kept the keys, and Bulkley and Batterham were the persons he had the curtains from—he then said, "Go and see the pot-boy at the public-house in Hart Street, and he will tell you more about it, for he helped to carry some of the parcels across"—I afterwards went to Mr. Easton's warehouse, 2, Fell Street, where I saw Buckley, and told him I was a detective officer, which he knew, that we had the two Bulkleys in custody, and I should charge him with being concerned with them I stealing fifty-one pairs of curtains, that I had since found at Messrs. Johnson's in the Edgware Road—he said, "I am innocent"—I waited till Batterham came in, and told him I was a detectve officer, and should charge him with being concerned with Buckley and the Bulkleys in stealing fifty-one pairs of curtains, the property of his master—he said, "I am not guilty"—I took them to the station.
MR. METCALFE to WALTER JACKSON BRIDGES. Q. To whom were the payments for the goods made that you bought for Johnsons? A. To W. Bulkley—I have the cheques here (produced)—I cannot swear to the writing of the endorsement.
W. Bulkley to LEWIS NATHAN. Q. How long have you known me? A. Two years—I have bought various goods of you, silk shawls and hosiery of every description, to the amount of hundreds of pounds—between November and February I have invoices amounting to 280l.
MR. METCALFE. Q. Was W. Bulkley doing business by himself when you traded with him? A. Yes, all the invoices are made out to him alone—here is Hunter Street on this invoice, I do not know that he has left there—I never had any transactions with young Bulkley, and do not know of his having any interest in the concern—the bankruptey was 4th March—I do not think I did business with Wilford at that time—the endorsements on these cheques is Wilforcl'e writing to the best of my belief.
MR. GIFFARD. Q. Have you seen him write? A. Yes—this invoice of the reps on 4th December is our late clerk's writing—I have no doubt at all that I received that quantity of rep at that time from W. Bulkley—I took no means to ascertain where he got them, because we buy of so many people—we do make inquiries, but I am not the buyer.
W. Bulkley. Q. How long have you known me? A. Four years—I have paid you about 400l. at different times—I have bought goods of every description of you—you gave me references—I have refused to purchase as many goods of you as I have bought.
W. Bulkley's Defence. I should not have pleaded not guilty had it not been increased to 750 curtains; I always pleaded guilty to 138 pairs. The damasks are Ackroyd's goods, and are as common in the trade as postage stamps. The goods sold on 21st December could not be his at all, because
his stock was correct that. With regard to the damasks sold to Messrs. Johnson, the prosecutor missed no goods till they saw my invoice. He was taken to Messrs. Nathan's and saw four piece of rep and some damask, and recognised all he saw, and wishes you to believe they are his employer's goods, though they were sold eight or nine days previous to the stock-taking. If he has lost the goods there is nothing to prove that I am connected with them. The Nathans during the last three years have paid me over 5000l. My brother never knew anything at all about this; he received 2l. 2s. every Monday morning, and was only a paid clerk; he had to attend to the office in my absence, and he never forfeited to the extent of a farthing in any of the transactions. I alone am guilty with regard to 138 pairs of curtains, and the damasks I leave in your hands.
The Bulkleys received good characters. BUCKLEY and RICHARD BULKLEY— NOT GUILTY. BATTERHAM and W. BULKLEY— GUILTY.
MESSRS. GIFFARD, Q.C., and GRAIN conducted the Prosecution, and MR. COLLINS the Defence.
CAROLINE DALLING. I lived at 82, De Beauvoir Road, Kingsland—I have known Batterham two years and a half, and Buckley since the commencement of December—they both came to my house on 14th or 15th January, between four and five in the afternoon—they brought a parcel, which I did not see when I let them in—I was doing something down stairs, and said, "Walk in, I will be up directly"—Batterham afterwards met me coming up the kitchen stairs, there was a parcel lying on my hall table, and he said, "That parcel contains two pair of blankets, one pair you can keep for yourself, and the other pair you can give to Clara, "she is a lodger of mine—Buckley was in the parlour, I do not. think he heard that—Buckley came again in February, and gave me a box containing a dozen pocket handkerchiefs—I thanked him, and gave half of them to Clara—I have not got them now, I gave ten back, and two were lost—I sent my servant to pledge one pair of the blankets, and she brought me back this ticket (produced).
Cross-examined. Q. What is your servant's name? A. Winifred Pile, she has left me some time.
CORINA BANNISTER. I am single—I have known Buckley three or four months, he was in the habit of visiting where I lived—I asked him to get me some stair carpeting, he said that he would, or anything else I wanted; I mentioned blankets, and he said that he would get some cheap soiled travellers' patterns—he came to my house about three times a month, six or seven times altogether—he called one Sunday in February, with a man named Brough—I asked Brough again about the stair carpets, and he said he would send them in a few days—shortly afterwards a roll of stair carpet came to me, and two pairs of blankets, by Parcels Delivery, wrapped up in brown paper—I gave them to the detective officer—Buckley called a few days after, and I asked him for a bill of what I was to pay for the stair carpet and blankets, he said that
he bad not a bill then, but I should have it—I did not see him afterwards, and never received it—I have not paid.
Cross-examined. Q. You knew he could get things from his employers at cost price? A. I did—I am an assistant myself, and I know that is the custom—it is not correct that they were to be given to me—I did not expect that.
WILLIAM SMITH (City Detective Officer). On 1st May, between five and six in the evening, I went with Fork to Buckley's house, and found a pair of new blankets on top of the bed as if recently placed there, and two other pairs between the bed and mattress—they were new,—but one was a little soiled—I found two rugs and two large carpets under the bed—I did not see Buckley that night—I received this pair of blankets and duplicate (produced) from Mrs. Dalling.
Cross-examined. Q. How many pairs did you find in the house? A. Five, but we left two pairs which were in use, we only brought the new ones away.
JAMES THOMPSON. I am a salesman in Mr. Easton's employ—these two blankets correspond with what we have in stock, all our blankets have a peculiar mark in the border—this one is called an eighty-one, and has three little blue stripes by the side of a dark one; we manufacture them—I have examined some blankets, hearthrugs, and table covers found at Batterham's—they correspond in quality and appearance with what we have in stock—this stair carpet is the same as we have in stock, but it is sold all over London—Buckley is married, and lives at New Cross.
Cross-examined. Q. Are you the head of the blanket department? A. No—Mr. Edwards is; he is not here—Batterham was the head of it in January, February, and March; Mr. Edwards was not in the department then—Batterham was assisted by a man named Frost—Mr. Easton can tell you the course of business in the blanket department—I am in the damask and carpet department—we do a very large trade—every manufacturer has his mark in the border—the stair carpeting is in Mr. Swallow's department—I do not think he is here—he does not keep a day-book, but he keeps a tissue book, which would have the sales to different persons—this is it (produced)—Mr. Swallow might write iu it, or his assistant, who was Mr. Edwards's at one time—the entries are not transferred from the book at all, but the tissues are sent down stairs to the entering clerk, he is not here—all entries of Kidderminster carpets and stair carpets sold in that department are made in this tissue book.
RICHARD NELSON. I am cashier to Mr. Easton—persons in his employ are permitted to purchase goods for cash, but they must be entered in a book and the money paid in the counting-house, so that the name of the person purchasing would appear in the cash-book—I have examined that book—it is not here.
JOHN EASTON. The prisoners were in my employment—Buckley's salary was 100l. a year—he kept the keys of the warehouse, locked up the different parts, and superintended several small departments—business commenced at 8.30, and he closed generally at six—these two brown paper wrappers directed to Miss Bannister, Old Kent Road, are in Batterham's writing—I went to Batterham's department in March last, and saw a piece of paper with an address written on it—it would be torn up directly the order was executed—I saw that it was the name of a private individual, and said that I would not allow any private customer to be supplied—Batterham said that it was the name of an upholsterer, a customer, to the
best of my belief—these are Parcels Delivery tickets on these two brown papers.
Cross-examined. Q. Is there a blanket department in your warehouse? A. Yes, and three carpet departments, and a department where handkerchiefs and those things are sold—a man named Frost assisted Batterham in the blanket department—the first memorandum of a sale would be in the tissue book, and if cash is paid the cash would appear in the cash-books in the cashier's department—the same course of business is pursued in every department—Mr. Swallow, the manager of the carpet department, is not here, but his tissue book is—Mr. Thomas Thompson managed the handkerchief department, he is here—when the tissue book entry is made it would be entered in the entry book by the entry clerks—the entry book is here—the entry clerks are not all here, but Mr. Nelson, the chief of the department, is here—it is a fact that for cash, the employe's can buy goods at cost price for their own personal use; that would be carried through the books as for regular customers, and the name would be mentioned in each book.
MR. GIFFARD. Q. Suppose on 15th March Buckley got stair carpeting out of that department, I understand before it could go out of the warehouse an entry would have to be made in the tissue book? A. Yes, and then the piece of tissue paper is sent down like a machine copy, so that it shall get into the books in the lower department—I find an entry to Buckley on 15th March in this book of 1l. 14s. for stair carpeting—it looks like Batterham's writing; the entry is, "245/3 yards stair carpeting at 17d., 1l."—if that had been paid for in the ordinary course an entry ought to appear in this day-book, but I do not find it, nor yet" in the cash-book.
MR. COLLINS. Q. Who would make the entries on that day in the daybook? A. I cannot say, the cashier can give you that information—I cannot say that I know the writing—the cash appears to have been taken from the tissue book.
RICHARD NELSON (re-examined). I am the head of that department—I have looked through to see what goods were paid for in the ordinary course by Buckley and Batterham from December to April—there is only an entry to Batterham for a piece of slate crinoline, at 6s., on l? th December—here is one cambric handkerchief, 7d., to Buckley, on February 4th; you will find the article in the cash-book, folio 505, but not in the daybook—those are the only entries
Cross-examined. Q. In whose writing is the cash-book? A. Fine—a good deal of these entries on 9th, 10th, 11th, and 12th January are in the writing of Serle; he is in the counting-house—he takes the place of the entering clerks when they go to dinner—the boy who checks the entry pays the cash to me—no one is here who made the entries from January to April—I depend upon what the boy tells me, it would be found out next day if it was wrong.
COURT. Q. Do you receive the money? A. Yes, and I see next day that there is an entry made for every sum I receive, because all the sales are entered, and there would be a blank, there would be no money entered—I always refuse money unless there is an entry—the money is brought to me from the entering desk, but on this occasion Buckley paid me himself—if he paid the entering clerk, and the entering clerk put the money into his pocket, there would be an entry of goods from the tissue book, but not of cash; the tissue book entry comes down with the goods to the entering clerk—if the entering clerk kept the money and destroyed the tissue paper
we should then see it in the book—we had a man named Edwards in the employment in March—I should say that the entry of 245/8 of stair carpeting, 1l. 14s., is not his writing; it looks more like Mr. Batterham's—this is Ed wards's writing, "March 6 th, J.O. Beales, Monkwell Street"—that looks very like the same writing as the 24 5/8 of stair carpeting—Beales's entry is more like Edwards's writing than anything I have seen—it looks very like Batterham's writing, and it also looks like Edwards's—Edwards left about March, for irregularities; he was an assistant in the carpet department—everything from every department goes into this book—between January and March Thompson was in the handkerchief department; he had an assistant, his name is Scott I think, he is not here—Scott makes entries or authorises anybody to do it.
JURY. Q. When did the money come to you; you say that you would find it out by the entry in the tissue book? A. It appears to have been overlooked—if the tissue paper is destroyed the goods could not leave the house; they have to be signed for by the person who takes them out, and his authority is my signature, nothing else, and if I signed it it would be in my book.
JOSEPH WILLIAM THORPE (City Detective). I went with Smith to Batterham's house on 30th April, and assisted in searching it; he was in custody—I found four pairs of blankets, two rugs, and a table cover (produced). BATTERHAM— GUILTY.— Five Years' Penal Servitude.
BUCKLEY— GUILTY.(See Old Court, Thursday).
OLD COURT.—Thursday, July 11th. 1867.
Before Mr. Recorder.
677. FRANK JARVIS ( ), RICHARD BULKLEY (24), and WILFORD BULKLEY (32) were indicted for stealing 138 yards of silk, 81 yards of silk, and 2051 yards of silk, of William Leaf and others, the masters of Jarvis. Second Count. Feloniously receiving the same.
MR. GIFFARD, Q.C., with MR. GRAIN, conducted the Prosecution; Messrs.
SLEIGH and STRAIGHT appeared for Jarvis, and METCALFE for Richard Bulkley.
WILLIAM LAIDLER LEAF. I am a warehouseman, carrying on business in partnership, in Old Change—the prisoner Jarvis was in my employ—on the 13th May we called him up, when the officers were there, into our private counting-house—I said to him, "Jarvis, I think it is right that I should tell you that, besides being in the presence of my brother and myself, you are in the presence of two officers of the police, and I should advise you that to any question that may be put to you you will answer truthfully, so that if you have committed a fault, you may not add to it by stating what is untrue"—I do not say those were the precise words I used, but that was the meaning of them.
MR. SLEIGH. Q. I think that was not quite all you said to him, was it? A. I think that was all, unless you can jog my memory—I did not say to him, "We know you have been robbing us"—to the best of my belief, I did not say, "You had better tell the truth, "that word was put into my mouth when Jarvis was before the Magistrate, but I am as
positive as I like to be of anything that I did not make use of that word "better" at all—I was asked, when the word was put into my month, if I did not make use of it, and I said, "I really cannot say whether I made use of the word, I may have done, but I don't think I did"—I do not think it was at that part of the conversation that I made use of the words we knew more than he thought—I had showed him some papers—I did not follow that up by saying we knew more than he thought; that was afterwards—I did not say it before the paper was produced—I am satisfied I did not say so before he opened his lips—I do not believe that, after advising him to answer truthfully, I said, "Frank, we know more than you think we do"—I think I said it after I produced the paper, not at that time, to the best of my belief—I am as positive of it as I like to be of anything—I do not think I made use of the word "better" at all—I did not say so at Guildhall—the question was put to me by the solicitor for Jarvis, "When you advised him to make use of the words' you had better, "and I said, "I believe I did not say so"—I do not know whether I may or may not have used the words in answer to Mr. Wontner's question, but they were words put in my mouth, not words I made use of myself—I said I may have said so or not, but it was my belief I did not.
MR. SLEIGH, upon this evidence, objected to any statement of Jarvis's being received: a confession must flow voluntarily from the mind of the person making it; at all events, it must not be the result of an impression created in his mind that he may be benefited by what he shall say; neither would it be admissible if made under the impression that he might suffer if he did not make it; there were authorities to sustain both propositions, and, after alluding to the circumstances of the present case, he referred to Reg. v. Williams, 2 Denison's Crown Cases, p. 433; Reg. v. Warring ham, 15 Jurist, 318 j and Reg. v. Garner, 1 Denison. 329. MR. STRAIGHT (on same side) referred to Reg, v. Shepherd, 7 Carrington and Payne. 579, and urged that, if the acts and circumstances of the case were taken in connexion with the observations, there was clearly sufficient in the nature both of a threat and promise to exclude the confession. MR. GIFFARD is contending that the evidence was admissible, stated that the authorities referred to, were overruled by later decisions, Reg. v. Baldry, 2 Denison. 430; Reg. v. Sleeman, Dearsley. 249; Reg. v. Parker, Lee and Cave. 42; and Reg. v. Zeigert, Sessions Papers, Vol. 6, p. 163: the principle upon which these confessions were excluded, was, if any worldly advantage was held out, or any worldly harm was threatened, calculated to lead to an untrue statement; in the present case there was a mere exhortation to tell the truth, which could not be calculated to elicit an untrue statement. MR. SLEIGH further called attention to Reg. v. Miller, 3 Cox's Criminal Cases, 07, and submitted that if the conduct of a person in authority, such as the prosecutor in this case undoubtedly was, was calculated to impress the mind of the prisoner that he would be benefited by anything he could say, that was an inducement of the strongest kind, and sufficient to exclude any statement made in consequence of it. The RECORDER would certainly not exclude the evidence: the only hesitation he had was whether he should reserve the point; it was assumed as a matter of course that a confession was coming, but he could only assume that that was coming which the prisoner believed to be the truth.
MR. GRAIN. Q. You said you advised him to answer any question; will you tell us what you then asked him? A. The next question I asked him was whether he knew Richard Bulkley—he told me he knew him when he was living in our house—I asked him whether he
had seen him since—he told me that he had been to Richard Bulkley's house, and had also been with him to Goode's, on Ludgate Hill—I then asked him if he had ever corresponded with him or written to him—he said, "No, I have not"—I said, "Supposing I can show you a letter, what would you say then? "and I produced a piece of paper with pencil writing on it—I believe this (produced) to be the piece I showed him—he then told me it was his writing. (Read—"Dear Dick,—On account of circulars, I shall not see you till about sir o'clock to-night. Wait till I come. F. D.") I then asked him whether that was the only one he had written—he said he thought it was—I then showed him this slip of paper (produced), which had been given to me by the officers—he said, "This is not my writing, it is Richard Bulkley's, it is too good for mine"—I then said, "Jarvis, be careful what you say, for we have compared it with your writing, and we believe it to be yours"—I find I have made an omission, after the first letter I said to him, "Take care, Jarvis, we know more than you think we know."(MR. SLEIGH on this renewed his previous objection, but the Court decided on receiving the evidence.) I told him we had compared it with some of his writing, and believed it to be his, and he said it was his. (Read.—"Frank Jarvis—Leaf and Co., 39, O.C") I think I then said, "You have heard of the robberies which the Bulkleys are connected with; now, Jarvis, I am going to put to you a question, Have you robbed us? "—he said, "I will tell you—I have"—I then said, "Of what have you robbed us? but, in order that there may be no mistake about it, I will take it down in writing from your own mouth"—he then detailed to me whet he had taken, fifteen or sixten dresses of moiré antique, and about fifteen pieces of bonnet glacé—I asked him whether that was all—he said, "Yes"—I asked when he committed these robberies—he said before Christmas Day, 1866, and had continued doing so until the early part of April—I then asked him how he got them out of the house—he said he had taken them out sometimes one, and sometimes two pieces at a time in a parcel—I asked him whether he had received any money for them—he said he had—I asked how he had received it—he said he met Richard Bulkley in the street, and received it from him—I believe that was the whole of the conversation—we afterwards went to his room, his box was searched, and my attention was called to a very large quantity of gloves for a private person to have—they were gloves that had been used—I asked him if they had relation to any property of ours—he said they had, that they had been given to him by Richard Bulkley—I asked when—he said when he was living in the house—Jervis has been with us for four years and three or four months—he came on the 1st February, 1863—I think Richard Bulkley was with us about two years and nine months, he left, I think, in October 1866, but I am not quite clear about the date.
Cross-examined by MR. SLEIGH. Q. Was the finding of those pieces of paper the first information you received which led to the suspicion of Jarvis? A. It was—I should say that was about three weeks before he was called into the counting-house—I had made no inquiries whatever, the officers had, no doubt, during that time—they were doing what they considered right, under no instruction from us at all—we of course knew they had a clue to it—the officers said they would come on the Monday, and I said, "Are we justified in speaking to Jarvis on it? "and they said, "Most distinctly"—up to that time we had no evidence against him, except these slips of paper—it was not arranged that we should tell him
that we knew more about it than he thought—there was no arrangement whatever—the officers only said, "Of course when he comes in you will caution him"—we called him in because we believed he was connected with the robbery, and we wanted to know whether he was or not—there was no plan about it, nor any arrangement; any plan we chose to adopt, and the plan which was adopted we believed was the right one—I do not believe I said to him, "You had better tell the truth"—since the examination at the Mansion House I have talked over this matter with my brothers, and if you wish it I will tell you the conversation—it certainly arose out of my being asked whether I had made use of those words—I spoke to them in consequence of not being quite sure but that I had made use of them—I was never under the impression that I had—MR. WONTNER suggested the words—I do not know whether I said I had not made use of those words, but that I may have said, "You had better tell the truth."
ALEXANDER ALLAN. I am a partner in the firm of Messrs. Allan. St. Paul's Churchyard—I know both the Bulkleys by sight—on 29th February last I saw Wilford Bulk ley in our shop—we had some negotiation about the purchase of some moire antiques—I said I would buy them if they were cheap, and I wanted to see them—in consequence of the conversation I went to the premises, No. 2, Hart Street, that afternoon, on the second floor—Wilford Bulkley went with me, and I saw Richard Bulkley there—I there saw some dresses—I bought those goods on the 27th for 60l., 1s. less discount—I produce a portion of the goods—some have been sold.
Cross-examined by MR. METCALFE. Q. Gilford Bulkley came to your shop and produced some patterns, did he not? A. Yes, and I went with him to his warehouse—it was with him alone I completed the transaction—Richard was present in the warehouse, but he did not speak: to me, more than to say good morning—I produce the receipt I had; it was made out by Wilford—this is the cheque; it is made out to W. and R. Bulkley, and is endorsed by Wilford—that was not the only transaction we had with him; the house has had four transactions—they were all with Wilford; that was the only time I saw Richard in the transaction, I may have seen him in the street—the other cheques and invoices were all made out in the same way.
Wilford Bulkley. Q. You say there were thirteen dresses? A. Yes—some were in lengths, some in pieces; I can't be sure that any were in single dresses—the invoice was made out for 139 yards gross—I am sure they were not all in single dresses—I cannot say whether there were any whole pieces amongst them.
HENRY RUSSELL. I am a general warehouseman, carrying on business in Aldermanbury—in April last Richard Bulkley came to me about some glacés—I went with him to inspect them at 2, Hart Street—I found Wilford there—the goods were bonnet glacés and moiré antiques—I purchased some—I have not got them all here; some were sold by auction—I am not able to identify these goods any more than their being of the same character—some have been traced from the auctioneer who sold them to the party who purchased them—part of them were sold to a person named Burton, and part to Morrison's, of Fore Street—these before me I think are of the same class and quality—this is the invoice I received in respect of the transaction—I got that when I had the goods, the same day, Richard Bulkley brought me the
goods, I paid him, and he wrote the invoice there and receipted it. (This was dated April the 5th. 1867, and amounted to 9l. 17s. 8d.)
Cross-examined by MR. METCALFE. Q. Was the money paid at separate times? A. Yes; when I went there first I would not buy the silks, because I did not think they were exactly suitable—I said I would endeavour to sell them—all the bargains were with Wilford; I had nothing to do with Richard—he came to me and said that his brother had some goods that he wanted me to see—I completed both bargains with Wilford—the money I paid to Richard wile he brought the goods—he asked particularly for the money that day, as his brother wanted it to meet a bill—I did not want to pay them till the goods were valued—I treated entirely with Wilford Bulkley, simply paying Richard for his brother.
MR. GIFFARD. Q. The invoice purports to be from the firm, does it not? A. There are two names, Wilford and Richard—Richard made out the invoice in my presence—the silks had tickets on them when I purchased them, simply the lengths—there was nothing to indicate the house from which they came—there were no paper covers on them.
Wilford Bulkley. Q. It was glace that you had, was it not? A. Yes, not moire's; they were not bought at the same time—I think they were sold on the 12th to the Fore Street Warehouse Company—I had had them no time at all before they were sold, they had never left my premises—I saw two or three pieces of glace produced at Guildhall—I believe there was a piece of green—I cannot be certain that was one of the pieces you sold me—I cannot be certain that the piece of dark blue moire before me formed a portion of the parcel you sold me, it is similar in colour and quality, but I have no marks—these three pieces are not all of one quality—this dark blue is not so good—I have some doubt whether it did form part of the parcel you sold me—you sold me two pieces, making sixty-one yards together—I think it was a light blue and a brown—I have done business with you about fifteen or eighteen months—you have sold silks to me several times before.
COURT. Q. Were the 168 yards sold by auction? A. No—I sold that for 1s 1d. a yard—it is a sort of Persian silk, it is hardly to be termed silk—it is what we line boy's caps with—the 982 yards I sold at 2s. a yard.
SAMUEL LEWIS. I am manager to Messrs. Simpson, of Farringdon Street—I see here some moiré antiques, which is a portion of what I bought at Mr. Burton's, there are three pieces—I think it was in March, but I am not positive as to the date—I bought more than those three pieces—I sold four or five dresses—I think I sold all but these.
Wilford Bulkley. Q. Were they not all one lot? A. I bought them all at one time—I cannot say how many yards there were altogether, there might me 100 or more—there must have been more than sixty-one.
TIMOTHY SHEPHERD. I am a buyer in the employment of the fore Street Company—I bought some silks on the 12th April last, of Russell, about 96l. in value—this is the invoice—I don't recollect the number of yards—I bought them at 2s. and 2s. 01/2 d. yard—there are three lengths—that is what is left—I sold the remainder.
Wilford Bulkley. Q. Will you look at those moiré antiques—are those Spitalfields goods? A. I should think so—I do not know the manufacturer of them—we have a similar make in stock—I should think they are manufactured by Soper and Son, of Spital Square—I should
think these pieces of green glacé, which cost me 3s., is the manufacture of Kemp and Stone—these others may be possibly made by Walter and Co.—we stock these goods to any amount—(looking at a pattern produced by the the prisoner) I should think it is possible that these are precisely the same goods—the width is the same—several people make these goods—Kemp aud Stone's name appears on this pattern—we have a large stock of their goods—they are to be bought at various wholesale houses in London.
MR. GIFFARD. Q. You say that Kemp and Stone's goods can be found at wholesale houses; do you mean goods of the class before you? A. Yes; I never bought this make, at least I never bought goods of Kemp and Stone—up to last January the French and Spitalfields department were together; but then they were divided, and I was made a buyer of English goods, which includes Spitalfields and Manchester—we have thousands of Kemp aud Stone's goods in our house.
WILLIAM LIGHTFOOT HICKS. I am a buyer in the employment of Messrs. Leaf and Co. in the Spitalfields department—Jarvis was the junior assistant employed in my department—Richard Bulkley was in the employment while I was there, not in the same department—I think he was in the glove department—I have looked at the two pieces of ailk produced by Mr. Allan; one of them has my initials on it—I marked it when I bought it—that mark would remain on it if it was sold—I cannot say that this has not been sold—the stock is very large—we have just taken stock, aud there is certainly a considerable deficiency—I took stock myself personally—this piece of light blue moire antique, produced by Mr. Russell, is of the same colour and quality as w": have in our stock—our wholesale price for it is 10s. 6d. a yard—here is another piece, the price of which is 13s. a yard. [MR. RUSSELL. I bought that at 6s. 6d., and sold them at 6s. 6d. and 7s. by auction.] This other piece, of blue is exactly of the same character and quality as the goods we have in our house—the price of this is 13s. 6d. a yard—I cannot say that our stock is deficient of goods of that class—this is manufactured by Soper and So, of Spitalfields—Kemp and Stone are no longer in existence; they are out of business, but we stilt hold a great quantity of their goods—there is a green bonnet silk here, and a portion of a piece of blue, both of which correspond with goods such as we have—I have seen a ticket torn up—it was one of Kemp and Stone's—I do not see it here now—this piece of green silk is 2s. 71/2d. yard and the blue 3s. 3d.—that is the wholesale price of the bonnet silks—this is the ticket I spoke of—it is a portion of Kemp and Stone's ticket—I have also seen several pieces, which, when put together, made a whole.
Cross-examined by MR. METCALFE. Q. Can you gather from this ticket the date of manufacture? A. No—there is no date on the ticket, but I have the invoice.
Wilford Bulkley. Q. Is there a piece of black there with your initials? A. Yes—when I buy goods in the market I always mark them, but sometimes a manufacturer sends goods in which I have not seen, in that case I keep them and do not mark them—I mark none of those of Kemp and Stones, because the stock is so large—they have been sold to a large number of customers, both in London and out—a pencil mark such as this cannot be removed—goods always go out with the marks on—these exactly resemble the goods we have—I do not suppose everybody in the trade has them, some may have—I only recognise the goods as being the same class
and quality, that is all I can say—our stock is very largely deficient of bonnet silks; we keep a list of them, and our list is altogether defective—that might arise from their not being marked off; but there is a large deficiency in the total amount of stock—I have no means of knowing what deficiency there is in moire antiques—this pattern is the same quality as the 3s. 3d. piece, and the same width—it is similar to these goods—it is one of Kemp and Stone's manufacture—3s. a yard is the cost of this article—I cannot tell whether they have been sold at 2s. 8d. I never bought them at that—I think I have sold some as low as 1s. 8 1/2 d. but not of these colours—we have none of Kemp and Stone's moire antiques—those are Soper's—I know nothing about Kemp and Stone's No. 1 quality—there is a piece of dark blue here, that is not of the same quality as our goods—I do not think it is the same make we deal in—the other goods are such as we have in stock and plenty of them.
MR. GIFFARD. Q. With reference to the moire antiques, you say you cannot tell whether the stock is deficient or not, how is that? A. We do not keep an exact detailed account of every different section of the stock—the bonnet glaces constitute a very large portion of our stock, and we have a list made out to see how certain colours sell and which do not sell, and that list from time to time is rectified by one of the young men in the department, and when we were told we had been robbed we found that list very deficient indeed—the list shows goods that are not accounted for by ordinary sales—the stock generally being deficient, I cannot say whether the moiré antiques are deficient or not.
COURT. Q. Are the whole of the deficiencies accounted for by the deficiency in the glaces? A. I do not know how many bonnet glace's were stolen—there was a deficiency in the whole stock—the deficiency in that particular department does not account for the whole deficiency.
WILLIAM SMITH. I am a City detective officer—in consequence of information I received, on 1st May I went to the prisoner Bulkley's premises, 2, Hart Street, accompanied by Fork, another officer; they call it a warehouse, it is a little room—we searched the premises—among the ashes under the grate we found some tickets partially burnt, and these tickets torn as they are now; also this letter written in pencil, and this bit—in consequence of that I went to Messrs. Leaf and Sons, and an interview took place between the prisoner Jarvis, Mr. William Leaf, Mr. Frederick Leaf, myself, and Fork—Jarvis was fetched down into the counting-house, and as he came in Mr. Leaf said, "These are two officers"—I think he said, "You are not only in the presence of my brother and myself, but you are in the presence of two officers"—Mr. Leaf then said to him, "Do you know Richard Bulkley? "—he said, "Yes."
MR. SLEIGH. Q. Before he said that to him did he not say something else? A. Not that I remember—he did not ask whether he knew that Richard Bulkley was in custody till afterwards—no such expression as" I advise you to tell the truth "was used in my presence—I was in the room all the time; Mr. Leaf, Mr. Frederick Leaf, and Jarvis were at one end of the room, and I and Fork at the other; we were perhaps two or three yards apart; I heard all that took place—I remember this piece of paper being shown to him; he was asked whether it was his handwriting; before that question was put to him I do not remember Mr. Leaf sayingto him, "Now, I advise you to tell the truth "—I do not remember the word "advise" being used at all; Mr. Leaf said, "Now, tell the troth, we have compared this, it is your handwriting"—he said, "No, it if not"
—he had asked him before that, "Do you know that Richard Bulkley is in custody? "before the production of the papers—it was a fact that Richard Bulkeley was in custody—the expression "tell the truth" was after the two papers were shown to him—I remember the words well, they were, "Now, Frank, tell the truth, and don't add lies to what you have already done."
COURT. Q. Do you remember these words being used when Jarris was brought in: "I think it right I should tell you that, besides being in the presence of my brother and myself, you are in the presence of two officers of police?" A. That was said.
Q. Were these words added: "And I should advise you that, to any questions that may be put to you, you should answer truthfully, so that, if you have committed a fault, you may not add to your guilt by saying that which is not true?" A. Not at that time; the word "advise" was not used until after the production of the papers.
MR. GRAIN. Q. Do on with what was said after Mr. Leaf told him he was in the presence of two officers? A. He was asked whether he knew Richard Bulkley—he said, "Yes"—he was asked whether he had seen him lately, and he hesitated—I believe he said no at that time—he was asked, "Have you seen him lately; have you been to his place? '—he said, "Yes, once"—he was asked, "Is that the only time you have seen him? "—he replied, "I have met him at Goode's, on Ludgate Hill, with his brother Wilford"—he was asked, "Are you aware he is in custody, him and his brother Wilford? "—he said he was not aware—Mr. Leaf said, "Then if any one has said that you have written a letter to Richard Bulkley, that is wrong? "—he said no, he had written no letter—Mr. Leaf then produced this letter, written in pencil—Jarvis looked at it and reafl it and said, "Yes, that is my writing, "and that he sent it to Richard Bulkley—Mr. Leaf then produced the smaller piece of paper and said, "This is your writing "—Jarvis said, "No, it is not"—Mr. Leaf said, "Yes it is, Frank, for I have compared it"—I heard no reply from the prisoner—Mr. Leaf then said, "Now, Frank, tell the truth, and not add lies to what you have already done"—those are as near the words as I can remember—he then burst out crying and said, "I will tell the truth, "and he said that he had been led into it by Richard Bulkley—Mr. Leaf then took a piece of paper, and told him that we had traced some moire antique, and then said, "Now, what have you taken? "—he said, "I have taken about fifteen or sixteen moire antique dresses "—Mr. Leaf put that down on the paper and said, "What else have you taken? "—he replied, "From fifteen to twenty pieces of French silk, bonnet silk"—these tickets were then shown to him, and Mr. Leaf said, "These come from the blacks, don't they? "(meaning the black silks)—he said, "No, they are from the French glacés, or bonnet silks"—I then said, "I am about to ask you a question, please yourself whether you answer it or not; what did you get a yard for the moire antique? "—he said, "The Bulkleys told me that they got from 7s. to 7s. 6d. a yard"—I said, "Where did you receive the money? "—he said, "Sometimes in the street, "and that he used to take the silk to No. 2, Hart Street.
Cross-examined by MR. SLEIGH. Q. Before he burst out crying, did not Mr. Leaf gay this to him: "We know you have robbed us, and to a very great extent; now tell the truth, is it not so?" A. I do not remember those words, not in that form exactly; all of us might have said, "We know that you have robbed, "because we had traced some of the property
—no doubt we all said something—no doubt we might hive said, "We have discovered that you have robbed Mr. Leaf to a great extent"—that was after the admission he had made in reference to the fifteen or sixteen dresses and the French silk, after the pieces of paper were shown to him—I don't think I interposed when the papers were shown to him by saying, "We have discovered that you have been robbing Mr. Leaf to a great extent"—I am not quite sure, but I don't think I did—I will not be positive whether Mr. Leaf said so at that moment, or whether it was after he burst out crying—I made no memorandum of the conversation—I was examined before the Magistrate the next day—I do not remember Mr. Leaf saying, "I advise you to tell the truth, "nor, "You had better tell the truth "—I never heard the word "better" mentioned—I am not so clear about the word "advise"—I heard Mr. Leaf make use of that word at the policecourt, but not in the counting-house.
TOM STOKES. I am an assistant tobacconist at Mr. Pettit's, on Ludgate Hill, formerly Mr. Goode's—it is known as Goode's billiard-room—I know Jarvis as a customer, and the two Bulkleys by sight—I have seen Richard Bulkley and Jarvis together perhaps two or three times, not more, within three or four weeks before I first heard of this case.
Cross-examined by MR. METCALFE. Q. Were they in the billiard-room playing? A. I am not aware that Jarvis ever played billiards—he has been in the billiard-room; that is all I have seen.
MARY ANN PILLINER. I am the wife of F. Pilliner, who keeps the Woolpack tavern, in Hart Street—I know the three prisoners—I have seen them all in my house—I won't be quite positive that I have seen them all there together—I have not seen them there often—they came as customers—I can't tell when they first came.
Wilford Bulkley. Q.. believe our place is next door to yours? A. Yes—I used to send your dinners to you three or four times a week—I used to see you for two or three days together, and sometimes not for a week—I never saw anything wrong.
WILLIAM SMITH (re-examined). On the way from the police-court to Guildhall, Jarvis said he was very glad that it was found out, and that there was no other person in that department but himself in the robbery.
JARVIS— GUILTY . The Jury stated that they found him guilty upon his own confession, but they thought that confession was prompted by the inquiries put to him.— Judgment reserved. RICHARD and WILFORD BULKLEY— NOT GUILTY.
MR. GIFFARD, Q.C., with MR. GRAIN, conducted the Prosecution. MR. GRAFFITHS defended Howe, and MR. WARTON defended Brough.
JOSEPH WILLIAM THORP. I am a City detective officer—in consequence of information I went with two other constables to Barking churchyard, Tower Hill—I there met Brough—I told him we were detective officers, which he knew, and that we should charge him with being concerned with a prisoner of the name of Howe and William Buckley in stealing a quantity of Cork carpeting and some hearthrugs, which we had since received from Mr. Joues, of the Two Chairmen public-house, Wardour Street, Soho—he said, "I know nothing of the robbery"—I then took him to his house, which was close by, searched it, and found nothing there—we then conveyed
him to Moor Lane station-house, where I showed him the three hearthrugs or pieces of carpet produced—he said he knew nothing of them.
WILLIAM POTTS (Policeman). I took Howe into custody on 17th May—I produce some Cork carpet which I received from Mr. Pigeon, and which Howe said I should find in his apartment—I also produce the Brussels and Cork carpet received from Mr. Jones.
RICHARD JONES. I keep the Two Chairmen public-house—in the early part of March last I saw Brough at my house—I asked him if he could get me a small piece of carpet to do instead of a hearthrug, because it would be cheaper—he said yes, he would bring me one—he afterwards brought it, and a small piece with it—these (produced) are them—I paid him half a crown for one and 1s. 6d. for the other at the time—I had no invoice—I then asked him to get me something to lay down in the bar—he said he would see whether he could buy anything—I said, "Buy me anything cheap, a piece of cocoa-nut matting will do"—he afterwards brought me three patterns; this is one of them—I grumbled at him for bringing them, I said they would not answer my purpose—he said he had done me the favour of buying them for me, and paid 7s. 6d. for them, and spent a few halfpence to get them, and I gave him the money, and did the same as he said he had done to the party he bought them of, treated him—he did not tell me where he had bought them—I said, "Now I have nothing that I can put in my bar; I want a bit of something there, if you can get me anything"—he said, "I cannot, but if you like to have it done properly I can recommend you a man in the trade that will do it for you, and then it will always look well"—I asked him to give me an idea of the price, and it was either 4s. or 4s. 6d. a square yard, and after a few remarks I agreed to have it done—he said the carpet would be sent very likely by Parcels Delivery, and then the man would come and put it down—on the Saturday afterwards Brough and Howe came with the Cork carpet—I was busy, and could not have it put down—Howe was the man to put it down—Brough came to show him the place—I said if he liked to do it on Sunday morning it would suit me—after a bit Howe agreed that he would come on Sunday morning and put it down—they both came on the Sunday morning, and Howe laid it down—I asked Brough how much it was—he said, "I don't know"—I asked Howe, and he said 16s.—he wanted me to have the bits that were left, and I gave him 1l. for it altogether—this is it (produced).
Cross-examined by MR. GRIFFITHS. Q. What time was it that he brought the Cork carpeting? A. About three or four on Saturday afternoon—he brought it in one piece, quite openly, not wrapped up in any way—he brought it on the top of a cab, I believe—he said he worked for a firm, and he was only allowed to work in the evening—that was the first of my knowing that he was in a situation—he did not mention the name of the firm.
Cross-examined by MR. WARTON. Q. Did you offer Brough the money? A. I did, and he said, "It has nothing to do with me"—Howe was the one I consulted about coming to put the carpet down—I dealt with him—that was the first time I had seen him.
JOHN EASTON. I am a carpet and rug manufacturer in Pell Street—the prisoners were in my employ—Howe was the cutter of Cork carpets and oilcloth—Brough was in the hearthrug department—his duty was to attend to the stock, and procure rugs to any carpet that was required to be matched—he would take put these samples, which are called "bedsides"
in the trade—it has a salvage at each end—it is not made like a carpet—after matching the rug it would be his duty to bring the pieces back to the warehouse—the Cork carpet produced is similar to what we have—it is our own private pattern—these four pieces of Brussels are our own engaged patterns, our own designs.
Cross-examined by MR. GRIFFITHS. Q. What is the price per yard of your Cork carpeting? A. 3s. 3d. is the wholesale price—I allowed my men to purchase goods for themselves for cash; they would have to pay Mr. Nelson in the counting-house—I have not known them pay Buckley—Buckley was not in a more dignified position than Howe; each acted independently—I don't know that Buckley was any more a salesman than Howe in that department—there was a book kept in which sales were entered, not by Buckley necessarily; he would enter his own sales or depute some one to do so; he is a very bad writer, and wrote very little for himself—Howe might also depute some one to enter his sales for him—we did find one entry by Buckley of goods sold to Mr. Driver; Howe told me that Buckley had entered them for him—we do not allow our men to work for themselves at night; we expressly forbid it, the former man in Howe's position was parted with simply for that reason—none of my men live in the house—Howe was five or six months in our employment.
Cross-examined by MR. WARTON. Q. How long was Brough with you? A. Seven or eight months—he had a good character when he came to us, at least we supposed so, but his former employers, Messrs. Temple and Co., say they thought it well to be rid of him—the book of the department is the book I am referring to; this is it; things sold from the Cork department would be entered here—there is no special book in which things sold by one servant to another would be entered—each department has a book—these pieces of carpet are the pattern that we sell from—we have no retail shop—if a hearthrug was wanted to match a carpet it would be Brough's duty to match if, the pattern would be brought back again—it would be of use to sell, and as a pattern—it is worth 3s. a yard—patterns go out of fashion—these pieces are not sold by one servant to another.
MR. GIFFARD. Q. Do you permit one servant to sell to another? A. Yes, articles for his own use for cash—they are sold on my behalf? an entry ought then to be made, showing the receipt of the money by Mr. Nelson—I have looked, and there is no entry of payment for any of these goods—Brough would have no authority to dispose of these pieces; I do not allow any perquisites of the sort.
RICHARD NELSON. I have examined the book in which entries should be made of purchases by persons in the employment for their own use—there are no entries of any such purchases as these either to Brough or Howe, nor auy entry of my receipt of the money—I have not received any money for these goods—goods would not be permitted to leave the ware-house, except patterns, without my signature.
Brough received a good character.
MR. GIFFARD, Q.C., with MR. GRAIN, conducted the Prosecution; MR. WARTON defended Brough, and MR. HARRIS defended Buckley.
prisoners—I was in want of a rug—I called at Messrs. Easton's premises, and saw Brough—I asked him if he would ask Mr. Buckley to bring me down a rug to match a certain pattern of carpet, which I tried to describe as near as I could—some few days afterwards he brought the rug down—it was about the last week in February or the first in March—it was brought for the approbation of another person—they did not approve of the pattern, and I agreed to buy it myself—I asked him the price, and he said it would be 10s. 6d.—I said I would have it myself, and asked him to bring or send another more suitable for the carpet—another one was brought down by Buckley about a fortnight or a little more afterwards—I did not take particular notice of dates—that rug was not approved of by the lady it was intended for—I took it home and left it there—I told Buckley at the time that, rather than it should go back, I would sell it for him if I could meet with a customer, but I did not sell it, and it remained there waiting to go back—a third rug was brought by Buckley a fortnight or three weeks afterwards; that was approved of by the lady, and would have been kept had not the officers taken it away—these are the rugs—they were all given up to the police—I have never been applied to for the money for the rugs—the police came two or three weeks afterwards, or it might be a month—I do not know the price of the other two rugs—I have some faint idea that something was said about the price of them, but I cannot state—if the prisoners had not been arrested I dare say the money would have been applied for and paid.
Cross-examined by MR. WARTON. Q. If the arrest had not taken place in all probability application would have been made for the money? A. Yes, in the name of Messrs. Easton, and would have been paid—in the ordinary course of business, it ought to have been entered in an approbation book—I have known Brough since 1853 I think—I have never known anything wrong of him prior to this—he was a man I would have placed implicit trust in; I thought him altogether beyond suspicion—when I went to see Brough I asked for Buckley, that was simply because Brough did not live in the neighbourhood I did, but Buckley did, and I was not sure at the time I went there first that Brough was in the employment of the firm—I knew Buckley was.
Cross-examined by MR. HARRIS. Q. How long have you known Buckley? A. About twelve or thirteen years, ever since he has been in the employ of the firm—I introduced him to it—I considered the money to be due to Messrs. Easton.
MR. GIFFARD. Q. Why? A. Because when I was in the position that Buckley filled I could have taken a rug out at any time to show on approbation without being compelled to pay for it—I of course expected that the rugs came from Messrs. Easton's—I called and ordered them there—I did not say anything about where they were to come from—Brough said nothing to me about where he could get the rugs—I was not aware but that they were coming out on approbation—I expected an entry would be made in the approbation book.
Cross-examined by MR. WARTON. Q. Have you patterns like all these? A. We have had—these two we have at present; they are sold by every carpet house—there is nothing unusual about them—the quality is only middling.
RICHARD NELSON. I have not received payment for these three rugs—I have looked through the book to see—neither Buckley nor Brough were permitted to take out rugs on approbation, they would be obliged to have an entry—they would then be debited to him, and credited to him when they were returned—I have looked to see whether Mr. Nutt is made a customer—I have looked through the books and find no entry with respect to him.
Cross-examined by MR. WARTON. Q. Are you speaking of the rug department? A. Yes—this is the book belonging to that department in which the entry ought to be made—there is a travellers' pattern book, that is not here—this is the book in which the entry ought to appear—there are no pages torn out of this book, only the tissue—there may be entries crossed out—I do not see any rubbed out—I do not make entries in that, book—I am cashier—Brough had to do with this book—he can write—I do not know whether all this is his writing—I do not know whether it is the custom of firms to have an approbation book—I know nothing about, the London firms.
Cross-examined by MR. HARRIS. Q. Whose duty would it be to enter goods in that book. A. Brough's—I do not know his writing—it would be the duty of any person in the department to make entries—there are only two in that department, Brough and his assistant, a boy named Dune.
GUILTY. —BROUGH— Twelve Months' Imprisonment.
MR. GIFFARD, Q.C.,with MESSRS. POLAND and GRAIN, conducted for Prosecution. MR. GRIFFITHS appeared for Howe, and MR. HARRISE for Buckley.
BURRELL NEIL DRIVER. I am a wine merchant, at 9, Liverpool Street, and keep wine shades in Eldon Street—I know both the prisoners; they have been to my house together—I bought some carpeting of Howe—this is the invoice, it is for sixty-four yards at 4s. a yard, 12l. 16s.; I paid that with this cheque (produced)—Howe afterwards laid down some floorcloth which came to 3l. 12s. 3d., for which I paid this cheque (produced) for 2l. 15s. 9d. I had previously given him 16s. 6d. on account—I made this purchase at my own house—I only saw Buckley once—that was just previous to their laying down the floorcloth—he came with Howe—I understood Howe to say that he was his master—he introduced him as his master—I did not ask him his name, because I only knew Howe in the matter—the bargain was made with him, and I paid him and he gave me the receipt.
Cross-examined by MR. HARRIS. Q. Did you buy the goods of Howe? A. Yes—Buckley was there on the settlement of the bargain, not when I paid the money to Howe—Howe came to me at the introduction of my builder, who was making some alterations, as an efficient man who could lay down the matting properly—he called on me by himself and brought me some patterns—we did not settle on that day, and another morning her came with Buckley.
Cross-examined by MR. GRIFFITHS. Q. Why did you give him money on account? A. I think he said he wanted to pay for it, but I forget now—I gave him what he asked and he went on with the job—it
was after six o'clock on Saturday—he did not mention that he was working for Messrs. Easton—I looked on Buckley as the master of Howe—I understood him to be his employer.
HARVEY CRAMPIN. I am a builder, at 5, Queen Square, Eldon Street, Finsbury—at the end of February last I was making some alterations at the house of Mr. Holmes, Little Knight Rider Street—while there both the prisoners came to me, about ten o'clock in the morning—Howe introduced Buckley to me as his master and managing man—after a little conversation they both told me, Buckley particularly, if I could put anything in their way they would allow me a liberal discount for anything I gave them—I recommended Howe to Mr. Holmes, and Mr. Driver and I bought some goods myself I bought some cocoa-nut matting of Howe for 1l. 14s. 2d.—I paid him for it and he gave this receipt (produced)—I believe he delivered the goods himself.
Cross-examined by MR. GRIFFITHS. Q. Did Howe mention the firm they were in? A. We did not—I understood they were in a firm from what they said—Buckley was extremely anxious for me to supply him with orders—Howe lodged in one of my houses at that time, he owed, me some rent, when I applied for it I think he said he was sorry he could not pay me then, for he had to pay for the matting—he told me he was allowed to work over-hours—I believe Howe's character to be very good.
Cross-examined by MR. HARRIS. Q. What did Howe say when he introduced Buckley? A. This is the managing man of our firm, "or "my master, "or something of that sort—I cannot tell the words—I have known Howe some time—I did not knew the firm he belonged to—I know his late employers—I believed Buckley to be above Howe in the firm, it was after the order was given that I understood Howe to say Buckley was his master.
THOMAS HOLMES. I keep the Despatch coffee-bouse in Little Knight Rider Street, Doctors' Commons—I only know Howe by his laying a carpet down—I bought twenty-eight yards of carpet of him, and three and a half yards of bordering on the 2nd March—this is the invoice (produced), the amount is 5l. 8s. 4d.—I paid it to Howe in cash and he gave me this receipt—he brought me these two patterns.
ARTHUR PIGEON. I am a tailor at 1, Queen Square, Eldon Street—I occupy a room on the third floor—Howe occupies a room in the same house—on the 2nd March he brought me some Cork carpet—I do not know how much—he owed me 2l. at that time, and the carpet was left with me in payment—I did not ask him for it—this is it (produced)—I did not see it at all—I did not have it laid down—it was taken away by the police—what I did bargain for was some pieces like this to go round the fireplace—he brought this up, but I could not afford it, and told, him to take it away several times, but he would not, or give me an account of it.
ALFRED SCOTT. I am a carman in the employment of Mr. Russell, of Whitechapel—I know Howe—about three months ago he told me to back my cart up Messrs. Easton's gateway—I did so and he helped me in with a piece of Cork carpet; he brought it from Easton's gateway, he put it into the cart—it weighed between five and six hundredweight—he told me to meet him in Fore Street—I did so, and he told me to drive to No. 1, Queen Square, Eldon Street—he went there with me, and I left the carpet there.
Cross-examined by MR. GRIFFITHS. Q. What time in the day was this? A. Between two and three o'clock—there was nothing tied round the carpet, only string—any of Mr. Easton's men could have seen it if they had looked.
JOHN NORTON. I am a porter in the employment of Messrs. Easton—between three and four months ago Howe asked me to take a parcel for him from the Woolpack public-house to his house, 1, Queen Square—I did so—to the best of my knowledge it was a piece of cocoa-nut matting, and I, dare say it weighed half a hundredweight.
Cross-examined by MR. GRIFFITHS. Q. Was the parcel covered up? A. No—it was a bundle—there was no paper round it—the matting and door-mat were all tied together—I should not like to swear what it was, but to the best of my belief it was cocoa-nut matting and a door-mat.
WILLIAM POTTS (City Policeman 35). I took Howe into custody on the 12th May at Mr. Easton's premises—I said I had been to Mr. Holmes, at the Despatch coffee-house, Knight Rider Street, and seen some Cork carpet laid down, which Mr. Easton identified—at the same time I handed him this receipt and asked him if he knew anything about it—he said, "Yes"—I asked him if he had any entry in the book of it—he said, "Yes, it is entered in the name of Rodgers or Driver"—I looked through the book in Howe's company and found no entry of Rodgers, and I said, "Is there any one else that you have laid down carpet for? "—he said, "Yes, Mr. Driver, of North Buildings, "and that which he had laid down at Mr. Holmes's was a portion of what he had originally laid down at Mr. Driver's, and he bought it of Mr. Driver again—at that time Mr. Easton came down with a list of the cash sales, and told the prisoner he had found an entry on the cash sheet of Howes for so much money, I cannot recollect what, and Howe said, "That is it, I remember it very well"—I then told Mr. Easton to go and see who Mr. Howes was—he came back and said it was Mr. Howes, of Curtain Road, for some Brussels carpet—Mr. Easton looked through the book and found the name of Driver for thirty-five or thirty-six yards of Cork carpeting—I then told the prisoner I should take him into custody, and asked if there was any property at his house—he said yes, I should find a piece in his room—I did not find any there, but I found this large piece in Mr. Pigeon's room—Howe helped me in looking through the book—I did not find the name of Holmes there at all.
WILLIAM SMITH. (City Detective). I searched Buckley's house, and in an ornament on the mantelpiece I found this invoice. (This was an invoice to Mr. Driver for carpet, amounting to 6l. 5s. 11d., bought of Easton and Co., and receipted, "J. H. Dalton, pro Easton and Co.")
RICHARD NELSON. I am cashier in the service of Messrs. Easton, Buckley was warehouseman in the floorcloth department—Howe was in the same department—Howe had no authority to take away goods from the premises—in the case of a sale it ought to be entered in the department book—I have the book here containing the entry of 22nd January, to which this receipt of Mr. Driver's refers, it amounts to 6l. 5s. 11d., less discount—there is no entry of sixty-four yards at 12l. 16s.—this receipt for 6l. 5s. 11d. is on one of our bill-heads, and is receipted by one of our clerks—the letters "R. M."on it mean "Ready money"—that would be the ordinary receipt given—these other receipts of the 2nd March to Holmes, and the 18th to Crampin, are not on our forms—I have examined the books, and there are no entries of these transactions—I found no entry to the name of Rodgers.
Cross-examined by MR. GRIFFITHS. Q. These men were allowed to buy goods of each other at wholesale prices, were they not? A. From the firm,—I did not know that Howe worked after hours—I am not sure that he had brought us any customers—I do not know that Howe brought Mr. Crampin to our place.
Cross-examined by MR. HARRIS. Q. I think you have said that Buckley had nothing to do with the books? A. He could enter anything he liked—if he sold any goods it was his duty to make the entry—if Howe took out goods he might ask Buckley to enter them—this entry of the thirty-eight yards to Mr. Driver is in Buckley's writing.
JOHN EASTON. I was present when Potts had the conversation with Howe—I was assisting Howe to examine the book—I could not find the name of Rodgers or Holmes—the name of Howes was mentioned, and to assist him I went up to the counting-house for a list of cash sales, and looked for any name that might be similar—I found the name of Howes, and said, "Is that it? "—he at once said, "Oh! yes, that is it"—I found out the entry to Howes in it referred to quite another matter—it was a Mr. Howes in the Curtain Road, and referred to Brussels carpet—the only entry to Driver was the 6l. 5s. 11d.—I examined the Cork carpeting at Holmes's—it was one of our patterns from our own engaged blocks—the blocks from which it was printed are our own property—we have patterns similar to those found at Mr. Driver's—I found no entry in the name of Crampin in the book.
Cross-examined by MR. GRIFFITHS. Q. Did you sell a vast quantity of that some time ago? A. Yes, before Howe came into our employment—there has been very little sold lately—Howe said that he generally made his own entries—I cannot swear to his writing.
HARVEY CHAMPIN. (re-examined). Howe took me over Messrs. Easton's premises—I do not know that he said they were the firm he was working for—I believed so—that was shortly after I had bought the carpet of him.
HOWE— GUILTY. — Twelve Months' Imprisonment. BUCKLEY— GUILTY.— Seven Years' Penal Servitude.
NEW COURT.—Thursday, July 11th. 1867.
Before Mr. Common Serjeant.
MR. COOPER conducted the Prosecution, and MR. PATER the Defence.
HENRIETTA TOWNLEY. I am the wife of Sidney Townley, of Rose Villa, Bexley Heath, fruit grower—on 8th June, about six o'clock, I was in St. Paul's Churchyard; my daughter was behind me, and from what she said I felt in my pocket, and missed my purse, containing 2l. 10s. in gold and 3s. 6d. in silver—my daughter ran after the prisoner, and my purse and money were brought back to me.
Cross-examined. Q.. Where had you been? A. I had just got out of an omnibus, and put my purse in my pocket when I paid.
ELLEN TOWNLEY. I am the daughter of the last witness, and was about a yard and a half behind her—I saw the prisoner very close to her with a purse in his hand—he ran past me and I ran after him till somebody stopped him—I then saw the purse in his hand—I do not remember taking it from his hand.
Cross-examined. Q. Has the prisoner walking in front of you when you saw him first? A. Yes, and by the side of my mother—he turned round and faced me, and I saw the purse in his hand.
JOSEPH FOX. I am a fruiterer, of London House Yard—I was within a few yards of my door—I heard a cry of "Stop thief! "and the prisoner almost rushed into my arms—I saw his hand in his pocket; I pulled it out and he dropped this purse—I saw it picked up.
GUILTY.**— five Years' Penal Servitude.
MR. HOUSTON conducted the Prosecution.
JOSEPH SMAY. I am a machinist, of 38, Pennington Street, Islington—I saw the prisoner in Stanmore Street, fighting a little boy, one evenings—I told him he must not do that, and he immediately struck me in the face—I took hold of him and he tumbled down, apparently in a fit—somebody said, "Run and fetch them, "and about twenty persons pounced on me and hustled me, and I was obliged to escape—the prisoner got up again and struck me—either he or his companions said, "He has got a watch, "and some of them struggled with me, and tried to get it away from me, but I got away—my waistcoat was torn a little.
Prisoner. some boys called out and I hit them; the gentleman pulled me away and I hit him—he said, "If you will be a good boy I will let you go, "and I fell down in a fit.
MR. GRIFFITHS conducted the Prosecution.
WILLIAM KING. I keep the Duke of Wellington public-house, Hackney Road—on 14th June, at eleven at night, my back window up stairs was shut—I went up stairs and found one of the back bedrooms was looked inside—I directed one of my servants to get in at the window; he did so, and I went into the room and found the drawers ransacked, the bed rolled over, and the pillows rolled to the feet—I missed a pair of trousers, two waistcoats, some shirts, my wife's diamond ring, and other things—this bundle was brought to me by the constable—it contains the articles I missed—I went into the room about 8.30; the window was open then, but I shut it and let the blinds down; the key was then outside the door, which was not locked—when I got into the room the window was wide open and the blinds pulled up—my servant did not open the window; I went with him outside and saw that it was open.
Prisoner. Q. Did you ever see me before the robbery? A. Many times, at my bar, a fortnight or three weeks before the robbery, and I saw
you there on the night of the robbery, with a female; you were served with something.
THOMAS OUTRAM. I am a traveller, and live next door to the prosecutor—about a quarter to eleven on the night of 14th June I had occasion to go outside my house into the back garden, and saw a man get off the leads of the watercloset on to the wall which divides my yard from the prosecutor's—I asked him what he wanted, and he jumped down and ran away—it was not the prisoner—I followed him, and then saw the prisoner running—he is not the man who got off the leads; I lost sight of him—I got over Mr. King's wall, and saw the prisoner running down a passage at the side of the house, which leads to the street—I caught him, and he stopped to pick up a bundle which was lying under the shade of the wall; I took it from him, and he ran away—I ran after him; caught him 150 or 200 yards of£ and gave him in custody with the bundle.
Prisoner's Defence. I was in the Duke of Wellington; I came out the back way, and saw Outram run after a man. I went, and he charged me with being over the wall after his pigeons. He let me go; I went about a yard, and he caught hold of me again. I thought he was drunk, and larking with me, and ran away.
GUILTY. He was further charged with having been convicted at Clerken-well in September, 1862, to which he PLEADED GUILTY.**— Seven Years' Penal Servitude.
NEW COURT.—Friday, July 12th 1867.
Before Mr. Common Serjeant.
MR. STARLING conducted the Prosecution, and MR. W. SLEIGH the Defence.
THOMAS LAY. I am a waiter, of 25, Walbrook Street, Hoxton—on Thursday night, 6th June, at 10.30, I heard screams of "Police! "—I ran up stairs, looked out of the staircase window, and saw the prisoner drop down from the wall of the coffee-room into the street—I opened the private door and ran after him—he was stopped at the bottom of the street—I went and held him, and said, "I know you again"—he said, "I will cripple you if you do not loose me"—I held him till a policeman came up—he said that he should know me again, if it was years to come—I went back to the house and found that a bedroom had been entered and several things taken—the prisoner said that he knew nothing about it.
Cross-examined. Q. Has the property been found? A. Some of it; About 5s. worth of old coins are still missing—these cards (produced) were found on the leads—I did not see the prisoner stopped; he turned the corner as I opened the door; I had to run down stairs—it is not a public-house; it is a coffee and dining room—I found him in custody in less than three or four minutes.
MR. STARLING. Q. What parish is the house in? A. It. Leonard's, Shoreditch—it is Matthew Lay's house—I saw the prisoner's face by the lamp as he dropped from the wall.
MR. W. SLEIGH. Q. How far is the lamp from where he dropped? A. Have yards, and about two yards from the window; the light shone on his face, and I swear he is the man.
MARY TRING. I am Mr. Lay's servant—I was going into my bedroom, and saw the prisoner with a piece of wax candle in his hand, alight, which he blew out instantly, and jumped out of the window which looks on to the leads—I called, "Thief! "and "Police! "and my master came—I told my mistress, and she missed two shawls, a gown, a petticoat, and a waistcoat, which were found on the leads—my window had been open six or seven inches that evening, but when the prisoner was there it was wide open, and the room in confusion.
Cross-examined. Q. Were the coins in your room? A. Yes, but I did not usually see them, because they were in a box which was locked up—I am positive my mistress had not taken them out—the prisoner put the piece of candle on the washhand stand when he had blown it out, but I had a good view of him as he went out at the window, which comet almost down to the leads—I had no light when I went in.
LUCY LAY. I am the daughter of Matthew Lay—between ten and eleven o'clock this evening I was standing at our private door, which looks into Parr Street, heard a scream, and saw the prisoner jump from the coffee-room wall, and run down Bath Street—Thomas Lay followed him.
Cross-examined. Q. Did you see him caught? A. No—I was talking to my young man, and there were several other parties there—the wall from which the prisoner dropped reached about six feet above my head—the leads are flat and have a railing round.
JOHN FAREBROTHER. I am a clerk, and live at 19, Clarence Street—I was standing with Miss Lay in Parr Street, heard a scream, and saw the prisoner drop from the wall—I followed him and found him caught in Wimborne Street.
Cross-examined. Q. He was caught in some other street by somebody whom you did not see catch him? A. Yes.
JAMES PARKER (Policeman 95 N). I took the prisoner into custody from Lay, searched him, and found this knife, another little knife, and some matches—he was charged with being found in a bedroom—he said, "I was walking along the street"—I found this piece of wax candle in the room—I produce the articles.
Cross-examined. Q. Is this a glazier's knife? A. Yes.
GUILTY. He was further charged with having been before convicted.
JOSEPH SMITH. I am a warder of Cold Bath Fields—I received the prisoner there, and produced a certificate—he is the man described. (Read:—"Daniel Easton, convicted at Worship Street, August, 1866, of stealing a watch.—Confined Six Months.)
GUILTY.**— Seven Years' Penal Servitude.
687. HENRY MERCER (30) , Unlawfully obtaining 1l. 15s. from Henry Ward, by false pretences. Second Count. 12s. 6d. from John Alexander. Third Count. 4s. from Joseph Walker. fourth Count. 2l. from Richard Hood.
MR. STARLING conducted the Prosecution.
HENRY WARD. I am a baker, of High Street, Homerton—in August, 1865, I lived at Albion Terrace, Old Ford, with the prisoner's father; the prisoner lived in the house—I had heard of his being a soldier and some time before January, 1866, he said that he was entitled to an
annuity, granted him by the Queen, of 500l. per annum, and showed me a document—he said that in a few weeks he should be receiving some of it, but it was put off from time to time—he asked me to lend him 1l. 15s. to go to Truro, and I did so—he went there, and in February or March, 1866, he said, "I cannot get my money at present, as one of the parties has met with an accident"—he asked me to lend him 5l., and I did so—he said that his solicitor had found out at Truro that the girl was not of age when she made her will, and that the property was left him by a young woman named Emily Dawson—that had nothing to do with the army—he also said that he had been recommended by the Truss Society in Finsbury—he said in June that he required 10l. to carry on the case—I never got the money back.
Prisoner. Q. Do you recollect my being brought home a lunatic, condemned by three doctors with congestion of the brain? A. No—I have known you to into into your usual fits, but I did not know that you were a lunatic—I know that an order was signed for you as a lunatic by a Justice of the Peace—I gave you a cheque for 4l. to change in 1866, when you were going into the City, and you brought me the change—I was lodging at your father's when you were found by the police, and sent to the Strand Union as a lunatic, and I wrote to inform the police that you were a swindler, but they never condescended to answer the letter—you went to chapel and took the sacrament, and I thought you were an honest man.
JOHN CRASTHE ALEXANDER. I live at 3, Margaret Street, Commercial Road, and am a messenger in the Bankruptcy Court—I have known the prisoner three or four months—on 2nd April he told me his name was Henry Alick Wilson—he said, "I am a retired Serjeant of the 60th Rifles; I have 1s. a day pension for life, and have 197l. due to me from the War Office for prize-money in the Indian Mutiny"—I believed that to be true—he said that he was going into business, and expected to be called out to drill some of the local pensioners—I lent him a sovereign to pay a deposit on a place of business; he also told me he had certain expenses to pay before he could get the prize-money, and asked me to lend him some money—I lent him 12s. 6d., believing his story—I have got none of it back.
Prisoner. Q. Did I ask you to lend me money or did you offer? A. You asked me to lend it—I have been to your place since after the money—you asked me to go with you to Dr. Spinke, as you did not feel safe to go by yourself—I heard you mutter something and saw him shake his head, but did not hear what he said—you sent me an I O U for 5l. in an envelope, but you have only had 4l. 13s.
JOSEPH WALKER. I am assistant to Mr. Davis—on 20th May the prisoner came to me—I had been in his company prior to that once or twice; he said he was an army pensioner and had prize-money to receive from the Indian Mutiny, 194l. and a few odd shillings—he gave his name Henry Wilson, 60th Rifles—he did not mention any rank, but I have heard him say to other people that he was a sergeant—he said that he wanted money to pay the fees at the War Office connected with the Indian prize-money, and showed me this order for 103l., which he said was part of the money—he said that he had asked them if they would deduct it from the amount, but they said that—they could not, and that he only wanted 4s. to make up the amount—I lent him 4s. on the faith of his statement—I afterwards went with him to Chancery Lane to the Rolls Court—he left me outside and said that he
should not be above a quarter of an hour or twenty minutes—I waited over two hours, till past seven o'clock, and did not see him till next day—he had given me his address, and I tried to find him there, but could not; but I met him and called him to account for his conduct—he said that he had been at the Rolls Office till nine o'clock in the evening—I said that that could not be—he showed me the other paper (produced)—the next evening he wrote it out for me to go and draw the money for him, as he was not able to go himself.
RICHARD HOOD. I am a carpenter, of 3, Redman's Row, Mlle End—the prisoner was courting my sister, and represented himself as a single man—about five or six weeks before 29th May he said that he was sergeant Henry Wilson, of 7, Stepney Green, and had 190l. coming to him, from the Indian Mutiny prize-money, from the War Office—he asked me to lend him some money—I believed what he said and lent him 2l.—I have not received it back, and have found out since that he is a married man.
Prisoner. Q. Did you lend it me, or did Mr. Peacock? A. I got it for you and lent it to you—I was answerable for it, and have paid some of it back—you said that you had eleven wounds, received in the service of your country.
J. C. ALEXANDER (re-examined). I know the prisoner to be a married man.
GEORGE CLEAVER (Policeman 199 K). I took the prisoner—he gave his name Henry Mercer, 23, Stepney Green—I went there next day and found this document. (This was the discharge of Private Henry George Mercer from the 60th Rifles as narrow-chested and unfit for service.) I told him the charge was obtaining money by false pretences, and taking a ring from Richard Lewis's daughter's finger—he said, "I will go with you to the Magistate and prove whether I am a rogue or not."
GEORGE SILLS. I am chief clerk at the Secretary's Office, Royal Hospital, Chelsea—I do not know the prisoner—there is no prize-money payable to any Sergeant Wilson of the 60th Rifles, or to anybody named Mercer in the 60th Rifles—he was discharged before the Indian Mutiny—this certificate appears to be a copy of his previous certificate—if he lost his parchment certificate he could write to the regiment and obtain a copy—this looks genuine, it is dated June, 1866, stating that he was discharged on 25th December, 1856—I have the document itself—that is the correct date—he was discharged then, and was refused a pension by the Commissioners, as he had no claim—he will not be entitled to any prize-money, he never was abroad.
ALFRED CONSTANTINE CROSS. I am a clerk in the pension department Pall Mall—there is no pensioner named Mercer on the list, nor any Henry Alexander Wilson, 2nd battalion 60th Rifles, or any one named Wilson—this document is something which he has written himself, and this "Lugard" is a forgery; it is made up of our forms with, scissors and gum.
GEORGE MILLS. I am staff quartermaster-sergeant of the Pension Office, Tower Hill, and have a book of all pensioners who reside in the East London district—there is in it no Henry George Mercer, private in the 60th Rifles, or Sergeant Henry Wilson, or Henry Alexander Wilson, or Edward Wilson—I never saw the prisoner before he was in custody—he has never been to me as a pensioner.
Prisoner's Defence. I have a certificate here, signed by a Justice of the Peace, and a surgeon. A gentleman called on me and said that I had some
money left me by Miss Emily Dawson. I paid him 7l. 10s., and afterwards 5l. more; I went with him to the Probate Office, Doctors' Commons; he left me outside, and I paid him 3l. more. On 8th January I received a letter saying that I could not receive the money for a few days, and had to part with my clothing and my wife's; this caused the disappointment to prey upon my mind, and I was taken ill, and was condemned as of unsound mind. I do not remember having any documents or borrowing this money. I was afterwards discharged as convalescent on my father's responsibility, and I wish him to be examined, as I have no recollection of my own existence last year. I was also seized with insanity at the House of Detention. (A letter to Mrs. Mercer from the authorities of the Strand Union, dated 21st September, 1866, was here read, stating that Henry George Mercer was about to be removed from thence to Hanwell Lunatic Asylum, and that she could accompany him; also a certificate from Edward M. Davis, M.R.C.S., that Henry George Mercer was suffering from congestion of the brain; also a certificate from the City of London Truss Society, dated April, 1866, that Henry George Mercer had been supplied with a double truss; also an order from Dr. Ball for the prisoner's reception into Peckham Lunatic Asylum, and a letter stating that he is subject to epilepsy, and had from twelve to twenty fits a-day).
MR. MERCER. I am the prisoner's father—he appeared to be well, but I do not think he has been well since he has been out of the asylum—he is subject to epileptic fits.
GUILTY.— Twelve Months' Imprisonment.
MR. STARLING conducted the Prosecution.
ELLEN HILLIARD. I am n tailoress, of 5, Barchester Place, Poplar—on 13th June, about nine p.m., I was in Upper North Street, Poplar, and saw Hayes and Moore at a fish shop, having a bottle of ginger beer—there was a crowd a dozen yards off, and I saw Fitzpatrick in it, and the prosecutor—there was a cry of "Stop thief! "and that a sailor had been robbed—Hayes had then gone into the crowd—I saw two policemen come from the bridge, and I gave information that Hayes and Moore had gone round the corner—I had heard money, and saw Moore pass it to Hayes, who said, "What shall I do with this quid. how shall we change it? "—some boys behind us then hallooed out, and Hayes left Moore and went down by Stink House Bridge into the crowd, where the sailor was—Moore went round Lantern Street, took his coat off, and kept it on his arm—I told a man to rim after him; for he was the man who had got the money—I did not see Fitzpatrick do anything to the prosecutor, but he was against him when I saw him—that was nearly a quarter of an hour before I heard the cry of "Stop thief"—the prosecutor was very drunk, and had a cut over his left eye—I did not see how that happened.
Hayes. Q. In the depositions you say that I passed the money to Moore, and now you say that Moore passed it to me? A. Moore passed it to you, I must have made a mistake in the names.
MICHAEL KELLY. I live at 6, Emily Place, Upper North Street—I was sitting at my door about eight o'clock, and saw the three prisoners come down the street, two of them were supporting Wilson, who was insensible—they brought him to next door to where I was, and gave him some ginger beer, and he fell down there; Fitzpatrick and another one
went to take him up, and the neighbours desired some one to go for a cab—Hayes pretended to go for one—Fitzpatrick had Wilson round the waist, and put his hand down in this position twice into Wilson's trousers pocket, but I did not see whether he took anything out—Moore the came up—Moore then came up, and the neighbours called out, "He is picking the poor drunken man's pocket"—Moore said that he would not allow any—man to rob him while he was in his company—after looking for a cab Hayes was standing in the middle of the road, and Moore shoved Fitzpatrick right across the road away from the drunken man—Hayes and Moore then took Wilson, one on each side of him—my landlord asked them if they knew him—they said that they did, and that he lodged at Mr. Drew's—Fitzpatrick afterwards came back to me, and began to scold us—I said, "You picked his pocket"—he began to swear and to excuse himself—Moore and Hayes came back in fire or six minutes without Wilson, and went next door for some ginger beer—I went up to Hayes and said, "What have you done with the poor drunken man? as you said you would see him safe home, it is a pity to leave him there"—they said they had left him in the care of people who did not know him, let him go to— —I parted with them; they went about twenty yards; the boys cried, "Stop thief! "and I pointed out one of them to my landlord—I afterwards saw Moore in custody—he said, "What the—hell do you want keeping me here for? the man's money is all right"—there was a large cut on Wilson's eyebrow, as if he had fallen on a kerb-stone, and his cheek was grazed and bleeding—he also had a piece of sticking plaister on his nose, and I could see that he had had a little accident the day before.
Fitzpatrick. Q. You swore in the depositions that I laid my hand it my cap? A. You had your arms round his body and your cap against his side; the cap came in front of your hand when you put it into his pocket.
WILLIAM MOLLESON. I was in North Street, and saw the sailor and the three prisoners—there was a cry, "The old man has got his hand in his pocket"—either Hayes or Moore said that, and they shoved him away and Moore said to Fitzpatrick, "I will be the death of you"—Hayes and Moore led the sailor away, and Fitzpatrick followed, and a few yards up Saverton Street they suddenly let go of him and he fell, and I saw Moore put his hand into Wilson's pocket, when round comes Fitzpatrick, and as Hayes and Moore were going to leave Wilson Fitzpatrick said, "No, that will not do; you have got all the sugar, and now you can go and buy tea, and leave me in the lurch"—they let go of Wilson, and he got up and staggered a little lower and fell; his knees hit the road, and his eye hit the pavement, which wounded it very severely—I said to Hayes and Moore, "Oh! pick him up; look at the blood running from his eye"—Hayes picked him up and said it was only a scratch—I said to Fitepatrick, "Where does the sailor live? "—he said, "Rosemary Lane"—he then said to Hayes and Moore, "What have you done with the change of the quid. "—they went up Saverton Street without answering—I said to Fitzpatrick, "Come and help me, for I cannot hold the sailor any longer"—he did so, and helped me to the corner, where a policeman took the sailor in charge—Hayes came walking to the crowd, and said to the policeman, "What do you want to take me for, as if I am a thief? I have not robbed the man, and have not got his money."
Hayes. Q. Who were you with? A. Another boy—I did not see you do anything to the man—he was a great big man.
DONALD SUTHERLAND (Policeman 421 K). I heard that a sailor was robbed, found a crowd in North Street, Wilson in, the middle of it very drunk, and two private people, neither of the prisoners holding him up—Mrs. Hilliard pointed out Hayes, and I took him in custody for robbing a sailor—he said that he knew nothing about it, if I would come with him to the old man (meaning Fitzpatrick) he would tell me all about it.
Hayse. I meant that old man, the witness.
Witness continued. I went across North Street—Hayes pointed out Fitzpatrick, and I took him in custody—he asked me to let him go, as he had nothing to do with it—I said no, and handed Hayes to another constable—a private individual brought Moore up and gave him into my custody—I had known Moore a long time, and he said, "If you will let me be I will go with you quietly"—we took the three prisoners to the station, where I found on Fitzpatriek 8s. 6d. in silver, 3d. thirteen duplicates, a common silver ring, and a foreign coin; on Hayes, 14s. 9d. in silver, and 5d. in copper; and on Moore a sovereign, 1l. in silver, and 5d. in copper.
The Prisoners' Statements before the Magistrate:—Fitzpatrick says. "I am innocent of the crime I am charged with. He gave me 7s. 6d. and I had 1s. 3d. of my own money."hayes says. "I am innocent. 5s. he gave me, and the rest I had myself."Moore says. "I am innocent. The money I had was my stock money, which I go to market with."
Fitzpatrick's Defence. in 10th June I was coming from work and met the sailor just by Tower Street. He asked me for the shipping office. I said I would show him, and did so. He said he was going to get paid, and did not know whether he should go to Liverpool or Newcastle, but engaged me to take his things. He asked me to lend him 2s. or 3s., and he would pay me in the afternoon. We found they were not to be paid there, but at Green's Sailors' home. On the Wednesday I met him at ten o'clock, and he fell in with a shipmate; they had a bother, and his shipmate struck him across the nose. I took him to the Sailors' Home, and met him next day, and was with him all day, and took him to get paid. We then went to a public-house, where he paid me. He took liquor, but I would not; I wanted to get him to the Sailors' Home. If I hold my cap in my hand I could not put my hand into his pocket. I never saw these prisoners before.
Hayes's Defence. The sailor took us all and gave us ale; he had some whisky. I saw a crimp take him and give him another glass of whiskey. I have worked twelve years for the Trinity Corporation.
Moore's Defence. I saw the sailor with three or four Jew tailors; they tried to pull him into a cab. He said, "Do not let these men knock me about; I have only got 4l. in my pocket, and they owe me more than that."He made me and the men get in a cab with him, and gave me half a crown.
GUILTY. Moore was further charged with having been before convicted, at Clerkenwell, in July. 1863, to which he PLEADED GUILTY.
FITZPATRICK and HAYES— Twelve Months' Imprisonment.
MOORE**— Seven Years' Penal Servitude.
THIRD COURT.—Friday, July 12th. 1867.
Before Mr. Commissioner Kerr.
MR. POLAND conducted the Prosecution, and MR. M. WILLIAMS the Defence.
JOHN ADOLPHUS SIMPSON. I am a merchant, and used to can on business in Hunter Street, but have now removed to Regent Square—I know Mr. De Partu, of Union Court, Old Broad Street, and Mr. Woods, of Shepton Mallett—in the month of February last I undertook to provide some foreign bills for the accommodation of Mr. Woods to the amount of 800l.—the prisoner is a commission agent, and resided in the Tredegar Road, Bow—I saw him on the subject in the City—I said to him, "A gentleman of a very good firm wants about 800l. for his accommodation, and I am sure they will be paid if you can procure them"—he said yes, he could—I did not tell him the name of the firm, but I said I believed a member of Parliament was a partner in it—some days after I met the prisoner at the corner of New Broad Street, opposite Union Court—I think it was the 15th or 16th February—he gave me some bills—I do not remember whether there were five or six—these (produced) are two of them—I had to pay him 9l. as commission for getting the bills—I gave him a cheque for 7l., and 2l. in cash, and 1 took the bills—I have known the prisoner ten or eleven years, and I thought they were all right—I went to Mr. Woods, who was waiting in Mr. De Partu's office in Union Court, and gave them to him—he gave me 20l. for them.
Q. You say you did not mention the name of the firm; can you tell mo how the prisoner filled in "Pay to the order of Messrs. J. E. Woods and Co.? "A. I do not know how he got that—I told him he should make them out payable to the order of Messrs. Woods—the prisoner did not tell me where ho got the bills from at that time, but he did after he was in custody—in consequence of something I heard, I gave the prisoner into custody, and at the police-station in Bow Lane he said he had not written the bills, but. that he had got them from a Mr. Stevens, or Stovens—I did not ask him what Mr. Stoves was—I signed the charge-sheet.
Cross-examined. Q. You have been asked as to whether you heard anything; you heard that you would be given into custody, did you not? A. I heard that Mr. Woods was making inquiries about the bills, and I went to Messrs. Lewis and Lewis, and under their advice I gave the' prisoner into custody—if the prisoner got them from somebody else he would have to pay commission also—he told me he had to pay so much commission for getting them—I do not know how much he said—the bill is accepted by Parker and Co.—I knew Parker byname before I saw him—he has been a merchant—he was known as being in the habit of accepting bills for accommodation—I stated before the Magistrate that he had been known to accept bills for half a crown. (The Court here directed the Jury to acquit the prisoner, as this witness's evidence was not reliable.)
WOOD PLEADED GUILTY.
MR. POLAND conducted the Prosecution, and MR. M. WILLIAMS the Defence.
basket—I showed him one and he bought it—he gave mo a cheque for 12l. 10s. and I gave him 6l. 14s.—from what he told me, I sent to Simmons's Hotel, in Brook Street, and found they knew nothing about him—I went in search of the prisoner and found him in a public-house about 150 yards from our place—Weston was there, and they were talking and drinking together—a constable was on the opposite side of the way—I took Woods out and gave him into custody—Weston was given into custody afterwards—I was present when these four cheques (produced) were taken from Weston by the constable—I did not hear Weston make any remark.
Cross-examined. Q. Has there any money found upon Weston? A. I do not think there was.
EDWARD THOMAS STEWART. I am shopman to Mr. Turner—I went to the public-house on 10th June—I saw the two prisoners together—they were talking about money matters, but I cannot say the exact subject of their conversation; Wood, in answer to Weston. said he would change him into 5l. notes if he could get anything out of it—they were given into custody.
CHARLES FRANKS. I am shopman to Mr. Beuson, of 25, Old Bond Street, silversmith—on the 10th June Woods came and asked to see a biscuit case—I sold him one; he gave me this cheque (produced) in payment, and I gave him 3l. 5s. 6d. change—he requested the biscuit case to be sent—we have still got it.
WILLIAM WISE (Police Constable 194 C). I took the prisoners into custody on the 10th June—I found the four blank cheques produced out Weston—he did not say anything—I found no money on him—on Wood I found a 5l. note, 5l, 10s. in gold, 16s. 6d. in silver, and 8 1/2d. in coppers.
AUGUSTUS GALPIN. I am cashier at the Shoreditch branch of the London and County Bank—this cheque for 12l. 10s. produced is signed G.E. Simmons—we have no account with Simmons—this cheque (produced) for 10l. 10s. is signed James Buckley—we had no customer of that name, on the 10th June—these four blank cheques produced are from the same book as those two cheques—they are from a book supplied to a Mr. Behrings—he has not been a customer of ours for some years.
GUILTY. * WESTON— Two Years' Imprisonment.
Wood was further charged with having been previously convicted, in May, 1863, in the name of Alfred Collis, to which he PLEADED GUILTY.— Fifteen Years' Penal Servitude.
MR. HOUSTON conducted the Prosecution.
WILLIAM SMITH. I am a seaman, and am at present living at 2, William'a Court, St. George's-in-the-East—about ten minutes past twelve on the morning of 2nd June I was going into my boarding-house, and was bidding a young woman good night, when the prisoner came up and knocked me down, kicked my eye out, and broke my ribs—I had given him no provocation whatever, and had never, seen him before—two men picked me up, and said, "Go and fight him, "and at the same time they put their hands in my pockets—I was not able to go to the hospital that night,
but I went on the Monday—I was there two weeks, under the care of Mr. Adams.
COURT. Q. Did you strike him first? A. No, I did not, I had never seen him.
OLIVER CARNEY. I live at No. 2, William's Conrt, St. George's, and am a locksmith—about ten minutes past twelve on 2nd June I was with the prosecutor—we were going home—the prisoner rushed out of a shop, caught hold of the prosecutor, and knocked him down—he got up and the prisoner knocked him down again, and then kicked him and struck him about his body and head—the prosecutor did not strike him at all, and there was no provocation whatever given.
JAMES ADAMS. I am surgeon at the London Hospital—the prosecutor was brought there on Monday, the 3rd June—he was suffering from a blow on the eye—the globe was injured and the contents had escaped, and the sight was gone—he was also suffering from a fractured rib on the left side.
JOHN MURRAY (Policeman 177 H). I was in Cable Street about 12 p.m. on the 2nd June—I saw a crowd there—the prisoner was there and I asked him to go with me to the station—he said, "I will go"—I did not see the prisoner strike the prosecutor—I did not get there until it was all over.
GUILTY on the second and third Counts.—Twelve Months' Imprisonment.
Before Mr. Baron Bramwell.
MR. STRAIGHT conducted the Prosecution, and MR. RIBTON the Defence.
SARAH GRIGGS. I reside at Buckhurst Hill—I am the mother of Matilda Griggs—on the night of 23rd April, at eight o'clock, she was going to Mrs. Grifton's; the prisoner went with her—when she left me she was perfectly well—next morning she was brought home stabbed and covered with blood.
Cross-examined. Q. How long have you known the prisoner? A. Over three years—his father has a brick-field not a great way from where we live—he has been acquainted with my daughter for two years; they were upon very intimate terms—I believe he was about to be married to her—he always appeared kind, attentive, and affectionate to her—he was in the habit of seeing her three or four times a week—he lived in London—he used to come down of an evening and see her and go out for a walk: he used to return to London by the ten o'clock train—he has shown me a dagger with a sheath to it; I saw it once or twice—he did not walk from London to our place; he used to come by train—I dare say it is half a mile from the station to our house; he sometimes came as late as seven o'clock in winter—I can't say whether he carried the dagger for his protection; I can't say what he carried it for—I dare say it was five or six months ago that I saw it, or it might be a little more—there have not been any garotte robberies in our neighbourhood that I have heard—he used to say he had the dagger for his own protection—he went out on this night apparently in the same state as he had been on former evenings; they seemed to be very good friends—I have not seen my daughter since
she went away with Miss Watkins; that was on the last day of May—she was not quite Well then; she was recovering.
COURT. Q. Do you know where she is? A. No; I have asked, and they have said they did not know.
MR. STRAIGHT. Q. You have iuquired after her, have you? A. Yes, and the police have been after her—they cannot find her—she left with Miss Watkins.
WILLIAM HENRY LEWIS PATTESON. I am superintendent of the Essex constabulary stationed at Epping—on Wednesday morning, 24th April, I was called up about half-past five to see the prisoner—he was in the office—when I went in he said, "I stabbed a youug woman last night"—I waited a minute or two, and I then said, "Whatever you say will be given in evidence for or against you"—he said, "I done it last night whilst we were out walking"—I said, "Where was this? "—he answered, "On the New Freehold, Buckhurst Hill, "that is about six miles from Epping—I said, "Who was she? "—he answered, "Miss Griggs"—he then said, "May I go outside? I feel so sick"—we went out into the yard, and while we were there he had some water to drink—he said, "I took something last night I ought not to have done"—I asked him what it was—he said, "Acid we use in our trade"—we went back into the office—I then asked him who was, Miss Griggs—he said, "Thomas Griggs's daughter, wellborer, North Cottage, Prince's Road, Buckhurst Hill"—I asked him, "How did it happen? "—he answered, "We bad some words before, and all that"—I said, "What did you do it with? "—he answered, "A dagger" I asked whereabouts—he said, "I don't know, I did not take any notice; in two or three places"—I asked, "What became of the woman after you had stabbed her? "—he said, "I left her; I suppose some one saw her"—I asked what became of the dagger—he replied, "I don't know; I suppose I left it there afterwards when I came away"—I asked him his name—he gave the name of Frederick Watkins, 36, Henrietta Street, watchmaker, now lodging at the Fox, Buckhurat Hill—that was all the conversation that took place—I examined his hands and his clothes—I found blood on and between the fingers of his right hand; there was nothing on his clothes—I then took him in custody, and left him in charge of Sergeant Lellan.
JOHN FRY (Policeman N 41). I was at the station at Epping on 24th April—I received the prisoner into custody from Mr. Patteson—I told him the charge—he said, "Oh, how did she get home? "—it was about nine or ten in the morning when I received him; I had come over from Loughton, where I am stationed, to Epping—I had known of the affair before—I said, "She walked home"—he said no more till we arrived at Loughton—he then said, "Then she did walk home? "—I said, "Yes"—he said, "What time did she get home? "—I said, "Between four and five"—I put him in the cell—he said he felt queer; the train shook it up—(we went by train to Loughton)—I said, "Shook up what? "—he said, "The stuff I have taken"—I told a constable to give him a dose of physic; I had received some physic at Epping, and brought it with me—I then went to Buckhurst Hill—from instructions I had received from Mr. Patteson, I went on to the Freehold, and saw this dagger lying in the field—I got over and picked it up, and about a yard from it I saw this piece of lead—there were marks of blood on the dagger, and also on the lead—near the lead I found this piece of string; it was not attached to it—this leathern sheath was on the dagger when I found it, but the
end of the dagger projected through the sheath—I had previously received the end of the sheath from a constable, who brought it from the surgeon—it corresponds with and fits on to the dagger—I should think this piece of lead weighs about a pound—I examined the ground, there was a quantity of blood there, and the grass was trodden down—it is all field there, but there was a temporary fence put up round it; there is no footpath or road through it; they must have got over into the field—I then went back to Loughton, the charge was read over to the prisoner, and he—said it was quite right—on 25th April he was taken to the room in which the girl Griggs was; her examination was taken there—after we had left the room he said, "What she said is quite right"—I then took him to Ilford Gaol—on the way there he said, "I struck her on the head twice with the lead, the second time the string broke; I then took out the dagger, but I did not think to take the sheath off; when I walked away from her I heard her hallooing; I stopped; I had a mind to go back; I thought she would not halloo long, and I did not"—he said, "I had sense enough not to run up the road on the gravel, I ran across the field on the grass"—it is a new road cut through there—he said it was through jealousy, and he asked me if I ever felt jealous—I said, "No."
Cross-examined. Q. I suppose you did not take a note of this conversation? A. No, I am speaking from memory.
EDWARD HOLME. I am a surgeon at Buckhurst Hill—on the morning of 21st April I was called to see Matilda Griggs at her father's house—I went up stairs and saw her lying on the bed—I proceeded to examine her—upon first examining her I saw nothing but a mass of blood, in fact the whole of her back was covered with blood—she was being stripped—I called for some water and began to wash away the blood, and I found wound after wound—I found eight wounds on the back—I then asked her if she was hurt anywhere else—she said she had been stabbed on the left breast—I examined that, and found three wounds on the inner part of the left breast; they were in three spots, close to one another, one very close to the nipple—I next examined her hand, and found two punctured wounds on the upper part of the thumb; I should say all those wounds were done by some sharp-pointed instrument—I examined the depths of the wounds as accurately as I could—the one out of which I extracted this brass end of the sheath was nearly three inches deep—that was at the back, just on the side of the right blade-bone; that was a slanting wound, not straight through; the others were in several places, and of the depth of not more than an inch, with the exception of one wound which penetrated the lung; that was rather deeper, but it would not have been prudent to judge how deep, or I might have done mischief—the wound out of which I took the brass sheath was on the shoulder blade, from left to right, supposing him to be standing behind her, low down on the left side that penetrated the lung—I will not be certain whether it was the right or left—that was sufficiently deep to touch the lungs between the ribs; the thickness of the interval was from three-quarters of an inch to an inch—the girl is a fat girl—in my opinion the wounds may have been caused by an instrument of this character, they were of a three-cornered nature, such as a bayonet, or such as this dagger is—I then examined the head, and found two wounds of a different character, contused wounds, on the upper part of the head, more towards the back—they might have been caused by such an instrument as this piece of lead with a sling passed through it—altogether there were fifteen wounds on her body, eight on the back, three on the
breast, two on the hand, and two on the head—there were marks of blood on the dagger when it was first presented to me—I did not see any on the lead.
COURT. Q. Did you notice whether she had been stabbed through her clothes? A. I did—I examined her clothes—she had been stabbed through them—there were several wounds through her dress and stays.
MR. STRAIGHT. Q. When you saw her was she in danger? A. The was certainly; I at first thought, from her breathing being so very slight, that she was dead—I did not believe there was any wound of the lung until I examined it, but there was decidedly—she continued in danger, she got worse next day, so much so that I recommended that her depositions should be taken, at least I mentioned it to those who said it was necessary it should be done.
Cross-examined. Q. This seems to be part of an old bayonet, does it not? A. I am not sufficiently acquainted with bayonets to say—I attended her constantly—the last time I saw her I saw one wound open, I think the wound from which this was extracted; it was open, and discharging, therefore she was not perfectly well—I can't say when that was, probably her mother can. (Mrs. Griggs. It was on the Sunday as she went away on the Thursday.) She complained of a little bodily illness—I am not able to express an opinion whether all the wounds were inflicted with the sheath or the dagger—I should say not, because the wound from which this end was extracted was of a larger character than the others—looking at the wounds themselves, I should say that all but that one had been inflicted without the sheath; they all presented a very sharp appearance, the other presented an oval appearance, namely the form of the sheath—no part of this remained in the wound—I extracted the whole of it—I should say that was the first wound inflicted—the others were decidedly done with the unsheathed weapon, that is my opinion from the nature of the wounds, they were three-cornered wounds, this was of an oval shape—they could not have been inflicted with the brass point on—I say that with certainty; they might have been inflicted with this leather part of the sheath remaining on; that would not interfere with them.
COURT. Q. What is to say, there would be enough of the blade exposed to make the wounds without the leather preventing? A. Yes; this would act as a stop, and cause them not to be so deep; the leather would prevent the blade going its entire length, or from going any length.
Matilda Griggs was called upon her recognisances, but did not appear.
GUILTY on Second Count.—Twenty Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. LEIGH conducted the Prosecution.
. EMMA MARY SMART. I am the wife of William Charles Smart—on Thursday morning, the 13th June, I had a watch on the mantelpiece—I went ont of the room for about ten minutes, and when I returned it was gone—I have not seen it since.
MARY ANN GROVES. I am the wife of Ebenezer Groves, and live at 63, Heneker Road—between ten and eleven a.m. on the 13th June I saw the prisoner Warwick come out of Mrs. Smart's house—Chamberlain came up and says, "Have you got anything? "—Warwick said, "Yes, round the corner"—he appeared to have something in his pockets—they both ran away—the party down stairs went and told Mrs. Smart.
COURT. Q. Are you certain they are the persons? A. They are.
DAVID FOOT (Police Constable 484 K). I am stationed at West Ham—about 11.30 a.m. on the 13th June I went to 61, Heneker Road—Warwick was given into my custody—I told him the charge and he made no reply—he gave a false address.
JAMES SAUNDERS. I live at Homerton, and am a labourer—on the 13th I was at Stratford New Town—I saw Warwick come out of a house—he appeared to have something in his hand—shortly after Mrs. Smart came out of the same house and said the prisoner had stolen a watch—I went after him and held him until a constable came.
GUILTY. ** of Stealing. WARWICK— Eighteen Months' Imprisonment. CHAMBERLAIN— Eighteen Months' Imprisonment.
Before Mr. Baron Bramwell.
.MR. COOPER conducted the Prosecution, and MR. RIBTON the Defence.
GUILTY Recommended to mercy by the Jury on account of his wife and family.. —Ten Years' Penal Servitude.
Before Mr. Recorder.
Before Mr. Common Serjeant.
MR. M. WILLIAMS conducted the Prosecution.
ELLEN WALLACE I am the wife of Joseph Wallace, a mariner on board the Victoria. at Malta—I live at 25, Ropeyard Rails, Woolwich, and keep a house there—I have known the prisoner a little more than two months—he has been in the habit of coming to my house, and he stayed one
night with me—on Friday morning, 7th June, he came to see me before I was out of bed; it was past eight o'clock—he said, "Ellen, have you got any money? "—I said, "No, not much"—he said, "Lend me 5s., I have two of my chums with me, and neither of them has any money or any beer"—I said that I had not so much change—I gave him a shilling off the mantelpiece, and he sent for half a gallon of ale with it—I went into the wash-house, and he followed me and asked me to let him have the 5s., and in a few minutes two persons came in—I went to a box near my bed, which was locked, took a key from my pocket, opened it, and took a sovereign out of a purse in his presence—he said, "You seem to have plenty of money"—I said, "Yes, and I have plenty to do with it"—there was only 9l. after I took the sovereign out, and that was to pay my sister's fare and bay her a box to go to my mother's with—I showed him some pawn tickets in the purse, and said that I must get some of them out—there was also in the purse a five-dollar note with my name on it—it was then half-past twelve—I replaced the purse in the box, looked it, put the key in my pocket, locked the room-door with a padlock aud another lock, and went out with the prisoner—there is a string to the street-door, by which any person can open it from outside—I went with the prisoner to a beer shop in High Street, changed the sovereign, and lent the prisoner 5s.—he remained there from half-past twelve to halfpast six, when he left, and was away twenty minutes, and then a little girl came and told me something—I went back to my house and found the street-door open, the bedroom door open, and the staple broken, and the window broken open—the box which had had my money in it was on the sofa, with a carving knife by the side of it, and the purse was lying on the bed; the 9l. was gone and the pawn tickets, the American note, and my portrait—I informed the police, and the prisoner was taken half an hour afterwards—I saw him searched at the station, and the eleven pawn tickets and my other purse, a little dark one, and the American note were found on him—he said to the superintendent, "I beg your pardon, but that is my wife, and I can prove it"—I said, "No, because I had one before"—he said, "Ellen, are you going to lock me up? "—I said, "Yes, if you do not give me my own"—he afterwards said that he took it to take care of for me, as he had many times before.
Prisoner. Q. Does your husband acknowledge you as his wife? A. Yes, I have been in prison a good many times, but only for having a drop of drink—I go by the name of Ellen Dean, my name before marriage—I have owned that I get my living by living an unfortunate life—I had the money on the Monday, and this was Friday—a corporal of marines stopped with me the night before, and I was drunk, but that had nothing to do with you—I was beaten by some marines, and showed you where my sides were bruised, but that was three or four nights before—I lock my door both day and night—I accused you of sleeping with a girl next door to me on the night before you were apprehended—you gave me your likeness—I did not take it out of your barrack-room—I did not say that I would make you pay for it if you kept company with other women—I bear no malice against you for not giving me money as you did other girls.
MR. WILLIAMS. Q. Are you quite sure that when the prisoner was in your room your nine sovereigns and notes and tickets were safe? A. Yes—the prisoner's friends were not there.
SARAH SMITH. I am unfortunate, and live at 26, Ropeyard Rails—on Friday evening, 27th June, I was looking out at my bedroom window between six and seven o'clock, and saw a corporal of the 4th Brigade come
out of Mrs. Wallace's street-door—he left the door open—I afterwards heard that the house had been broken into.
Prisoner. Q. If any one had met me at the end of the alley, should you most likely have seen them? A. Noone met you—mine is the next house—I should not have heard any unusual noise, because I had been lying down and was asleep—I awoke and opened my window, but it was pouring with rain, and I shut it again and saw you go out as quick as you could.
WILLIAM WATTS (Policeman 242 R). On Friday, 7th June, I took the prisoner, and told him I must take him to the station for breaking into Ellen Wallace's house—he said, "Where is my accuser? "—I said, "She has gone to the station"—after we had gone some distance he said, "I know I have been there"—I took him to the station, and left him there while I went for the prosecutrix—I brought her back, and then saw a five-dollar note in the inspector's hands—I searched the prisoner and took from his pocket eleven duplicates and this old purse (produced), the prosecutrix identified them.
Prisoner. Q. Who fetched you to take me? A. The witness Lawler; five or six marines were round you, but the girl gave you in charge—you did not tell me you had a five-dollar note and some pawn tickets belonging to Nell Dean.
JOHN BROWN (Police Inspector R). The prisoner was brought to the station; he gave me this five-dollar note and said, "Inspector, I have takes the note, I will give it up to you"—he was then in custody—I did not search him.
MARY ANN LAWYER. I lived in the same house as the prosecutrix—she went out with a soldier on Friday night, 7th June, and about half an hour afterwards I was going out and met the prisoner—he asked me where Ellen Wallace was—I said, "She is at the Reindeer"—he said, "I am going to her to get some money"—that was between three and four o'clock—I do not exactly know, as I had been lying on my bed—he went down High Street, but I did not see where to—I went back to the house shortly afterwards, and found both doors open, which I had left shut—I would not enter till somebody came—I then saw the box lying on the sofa, and a carving knife by it—I had left the door shut and locked.
Prisoner. Q. When you were leaving the house did you try to get into her room? A. I put my hand on the handle of the door, as I wanted a knife out of the room, but I could not get in—I cannot say whether the padlock was on the door, but when she went out I saw her lock it with the large key—there was nobody in the house while I was there after the prosecutrix left—I acted as servant and made her bed—she ordered me to search the bed for 2l. which was lost, but it was found afterwards that it was spent—she did not accuse me of stealing it—when she leaves she locks the door with a padlock, and with a large key besides.
The Prisoner's Statement before the Magistrate.—"I went to her house at 6.30., found the front door open, and her room also open. I had left her company three hours previously. I saw a five-dollar note and this ticket lying on a table or box, and took them to take charge of them for her, as she told me in the morning she had been robbed of 2l.; the 9l. in gold I know nothing of."
The prisoner produced a written defence, stating that the prosecutrix had made a false charge against him to obtain money from him, thinking that he would rather pay her than forfeit the risk of being expelled from his lodge, and also his eleven years' good character and his prospects, which would be the
case on his conviction, and that she had offered Bombardier Fricker to take 10l. not to appear; he also produced a certificate to his good character from his commanding officer.
COURT to WILLIAM WATTS. Q. Were you present when 10l. was mentioned? A. Only by his officer, who told him he had better settle it than go to trial; but I do not know of the woman offering 10l.—the prisoner went back to see if the Magistrate would allow it to be settled, and he would not—I took the prisoner from half-past six to seven—he was somewhat the worse for liquor.
COURT to ELLEN WALLACE. Q. Did you express your willingness to settle it for 10l.? A. No—I was not present when the officer suggested that that coarse should be taken, but a corporal came down and said that the prisoner would sign for half the money—the prisoner was not there.
MR. DALY conducted the Prosecution, and MR. W SLEIGH the Defence.
DANIEL PHILLIPS. I am a farmer and milkman, of Rushey Green, Lewisham—the prisoner has been in my service twenty months—it was his duty to carry out milk to customers, and account for it daily, when he returned—on 22nd May he took out milk in the morning and never returned—he did not account to me on 13th May for 4s., or for 4s. on 14th May, or for 4s. 6d. on the 18th, from Mr. Hall—he did not account for a shilling received from Mr. Hall that month.
Cross-examined. Q. Have you got a book? A. Yes; we book the number of quarts he receives—if it was paid the money would be put down in the ledger—I have not got the ledger here, but it would be crossed out here as well if it was paid—Mr. Hall had dealt with me months before 17th March—he paid up to 9th March—it has been paid generally daily—the prisoner has served Mr. Hall all the time he has dealt with me—there was an old account of 12l. odd on 9th March, which the prisoner told me Mr. Hall had not paid; but the prisoner has paid it since, 1l. at a time, and told me that Mr. Hall paid him 1l. at a time—he said, "Mr. Hall has given me 1l. off the bill," but no bill had been delivered then—I believe Webb cannot read or write—a little over the exact sum has been paid, nearly two days' milk, since the bill—I would not answer that the quantities marked to Mr. Hall are correct, because he had out fifteen gallons in the morning, and he would bring back so much—he would not give me the names of the people who had paid, only of those who had not—I find, from the prisoner's statement, that on 13th May Mr. Hall had milk to the value of 4s., on the 14th of 4s., and on the 15th of 4s. 6d.—my entries are from the prisoner's book, but he might book more to one and less to another.
MR. DALY. Q. When did you receive the last money from Mr. Hall? A. The beginning of May—I received no money on the dates I have spoken of, but my daughters generally receive money.
SUSAN PHILLIPS. The prisoner paid me the money he received for milk daily; he never paid me a single sum—he paid me sometimes 1l. a week on Mr. Hall's account, and sometimes he did not pay me so much in a fortnight—I cannot say whether the 4s. was not included in the sum of 1l.—some of those payments of 1l. were in May.
Cross-examined. Q. In 7th March was the prisoner serving you with milk? A. Yes, I paid him 1l. on 7th March, and I cannot tell how much more was owing to Mr. Phillips—I paid 1l. on 7th January, and 2l. in March (producing a list of payments amounting to 10l.)—I never had the whole bill delivered—I cannot say how much I owed when the 10l. was paid—12l. odd was not owing at one time to my knowledge—from 7th March to 21st May it was my rule to pay daily, and I left orders with my wife to do so—before that date the money was paid in that irregular manner—I did not see my wife pay the prisoner, but I inquired of her what money she had paid, and I wrote it down—she was not with me when I entered the sum of 4s.—I cannot swear to any particular day in the whole of these accounts—I believe there was an account standing due on 7th March, when I paid the two sovereigns—I did not to my knowledge pay any gum to Webb or Phillips after 7th March besides the sums I paid daily, I believe my wife paid Webb, but not Phillips—after 7th March nothing was paid by me or my wife to the prisoner for daily milk—there was no money paid on account of an old debt—on 7th March money was still left owing, and I still owe Mr. Phillips some money—I believe I said at the police-court that the whole of the amount was paid—I said, "I am not indebted to Mr. Phillips in any amount"—that was on the old account—I made use of those words—I said to the Magistrate that I believed there was something owing, and I believe the prisoner will bear me out—my depositions were read over to me, and I believe I signed them—my wife took in the milk, generally speaking, but I have often taken it.
ANN HALL. I am the wife of the last witness—I commenced to deal with the prosecutor about 9th March—I paid him very frequently—this is the book the milk was set down in—my husband made the entries by my instructions—I saw him write it on every occasion—I find here that I paid the prisoner 4s. 6d. for milk on 13th May, 5s. on the 14th, and 5s. on the 15th, with my own hand.
Cross-examined. Q. Did the milk ever ran for two or three days without being paid? A. Never—I was always in the room when my husband made the entries; I was obliged to be there to give my account in—on two occasions only I was not present, but I told him how much I had taken—one of these dates may have been when I was absent—I knew nothing of Mr. Phillips till he came to our house on 9th March, and he never brought milk to our house till April—I am not aware that there was an old account due to him—I did not pay some money on an old account, or 2l. on account—I know nothing about it; I do not interfere with the out-door matters—from 7th March to 21st May I paid no money but for the daily milk—I had no instructions from my husband.
GEORGE ELSTER (Policeman 28 P). I took the prisoner on 13th June—I told him the charge—he said, "Yes, I owe Mr. Phillips some money, I know, but I did not embezzle it, "and that if two or three days were allowed him it would all be settled.
MR. SLEIGH to DANIEL PHILLIPS. Q. Do some customers owe yon money? A. Yes, but they are booked—Mr. Brown owes me some money—I do not know that I expect the prisoner to get it in for me—he does not
get me customers or bring me a connection—Mr. Polly, of Blackheath, owes me some money, and the prisoner would hare received that, but he ran away too quick.
COURT. Q. You say that he left on 22nd May without notice? A. Yes—I claim 21l. 17s. as due from Mr. Hall; I have not received a penny of it.
GUILTY.— Twelve Months' Imprisonment.
MR. WOOD conducted the Prosecution.
REBECCA SPENCER. I reside at 27. Ashburnham Road, Greenwich—about 9.30 p.m. on the 17th June I was in the Ashburnham Road, on my way home—I had my purse in my hand—the prisoner passed me, snatched it out of my hand, and ran away—Mr. Payne came up, and I told him and pointed the prisoner out—he went in pursuit, and in about five minutes afterwards brought him back—I told him he had taken my purse and he denied it—it contained a half-sovereign and 4 1/2d.—it was shown to me the same evening by a policeman.
CHARLES PATNE. I am a timber merchant at New Cross—on the evening of the 17th the last witness pointed the prisoner out to me—he was then about the length of this Court from me, running—I followed and caught him—I asked where the purse was—he said, "I have ho purse"—I said, "Well, you must go to the station with me"—I took him back to the prosecutrix, and she identified him—I afterwards went with constable 71 R to the spot where I took the prisoner, and there we found the purse produced, between the rails.
JOHN MARSHALL (Policeman 71 R). On the evening of the 17th June I was on duty at the Blackheath Road Station—Mr. Payne brought the prisoner there—I searched him, and found 3s. in silver and a comb—I went with Mr. Payne to the spot where he had taken the prisoner, and there we found the purse, with the money in it.
GUILTY. He was further charged with having been before convicted, on the 14th August, 1865, in the name of Thomas Morris, to which he PLEADED GUILTY.— Seven Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. HORRY conducted the Prosecution.
GEORGE THOMAS CAMM. My mother, Caroline Camm, is a laundress at Woolwich Common—I manage the business—Fuller Smith was employed by her to turn the mangle—he has been with her six years—Ann Smith was in her employ for about three months four years ago—we contract for the washing at the Naval School at Greenwich—on the 19th June we received some sheets from there—all their sheets are marked with a stamp "G.H."and two flags—the stamp is about the size of a 5s. piece—these are some of the sheets, but the stamp has been removed, and the piece sewn in—on the 18th March we missed two, on the 25th March two, on the 18th April one, on 6th May two, on 25th February one, and on 11th February two—I have seen the sheets produced by the pawnbrokers—they all came from our establishment, at least they are similar—I gave the two Smiths into custody on the 9th, June—the said what he had pawned was his own property.
THOMAS NICKLEFIELD. I manage the business of Messrs. Richards, of Thomas Street, Woolwich, pawnbrokers—I produce a sheet pawned by Gilbert on the 17th November, 1866—that has a patch—I produce three others pawned by her, which have no patches—I had known Gilbert before.
ALBERT NEEWMAN. I am assistant to Messrs. A. Richards and Co.—I produce a sheet pawned on the 1st April, 1867, by Ann Smith—I had known her before—I produce three others pawned by her on the 15th March, 1867, 8th February, 19th January and another on the 18th January by Gilbert—that has not a patch on, but the others have—I know Gilbert as being in the habit of coming with Smith to pawn articles.
JOHN CARTER SHARPE. I am a pawnbroker at Woolwich—I produce a sheet pawned on the 10th January in the name of Fuller Smith—I cannot identify him—I have seen him in my shop, but I cannot say whether he pledged this—it has a patch on the same corner as the others produced—I produce another pawned on the 12th November in the name of Mary Smith—I cannot identify her—I have seen her in my shop in company with Gilbert.
GEORGE KING. I am in the service of Hart and Sons, pawnbrokers, 56, Wellington Street, Woolwich—I produce a sheet pledged on the 13th November in the name of Mary Smith, but I cannot say who pledged it—it has a patch in the corner.
MARY ANN WILKINSON. I am matron at the Naval School, Greenwich, these sheets produced are of the same character and description as those used at the school, and which were sent to Mrs. Camm's—the place where the patch is is where the hospital mark ought to be.
ELISEUS THORNE. I am a partner in the firm of Atkinson and Co., Westminster Bridge Road—we supply the Naval School with sheeting of the same character as this—we manufacture it expressly for them, and we have made none of it for any other establishment—the sheets are a peculiar size and width.
JOHN RANDALL (Policeman). On the 19th June the Smiths were given into my custody—they were told the charge, and Fuller Smith denied it—I said, "I have found a great number of sheets at the pawnshops, and they are pledged in yours and your wife's names, and the pawnbrokers know you and your wife and Mrs. Gilbert"—I took Gilbert into custody.
Beore the Magistrate Fuller Smith said, "I have nothing to say." Ann Smith said, "I never brought anything off Mr. Camm's firm in my life. I was only employed there three months."Gilbert said, "I am innocent."
Ann Smith's Defence. What I have pawned I have been sent by my husband to do.
FULLER SMITH— Twelve Months' Imprisonment. ANN SMITH— GUILTY. Recommended to mercy by the Jury, thinking she had acted under the guidance of her husband.—Eight Months' Imprisonment. GILBERT— NOT GUILTY.
MR. HORRY conducted the Prosecution.
REBECCA AARONSON. I am the wife of Jacob Aaronson, a general dealer, of 22, Greenwich Road—about a quarter to ten on the evening of the 5th I was in the shop—I saw a hand take a pair of trousers from a rack inside the shop—I saw a man running away with something under his arm—I called out "Stop thief, "and ran up the Greenwich Road toward Deptford—the prisoner turned back, and the trousers were taken
from him, and he was taken to the station and charged—he said he did not steal them—these are the trousers (produced).
JAMES FINNEY (Policeman 56 R). I heard a cry of "Stop thief in the Greenwich Road, and found two young men holding the prisoner—he was given into my custody for stealing a pair of trousers—the prisoner said he would never go with one man, and he struck me and tore my coat off my back—at the station he said he did not steal them.
GUILTY.— Twelve Months'Imprisonment.
MR. HORRY conducted the Prosecution.
EDWARD LUCK. I live at 13, Lewisham Place, Lewisham—on the evening of the 8th July I was in the prosecutrix's (my sister's) shop, which is next door—I had occasion to go into me own shop, and when I returned I saw the prisoner outside with something under his arm—I said to him, "I want you, "and he ran away, and I after him—he dropped the boots and was stopped by another—the boots were hanging up on a shelf on the right-hand side of the door—they are my sister's property.
JAKES STEPHENS. I live at 5, John's Place, Lewisham, and am a grocer—I saw the last witness running after the prisoner—he called out "Stop thief"—the prisoner dropped the boots produced—I pursued him and caught him.
HENRY STEPHENS. I am an engineer, living at Lewisham—on this night I was in a ham and beef shop, and saw Mr. Luck run by, calling out, "Stop thief"—I ran after the prisoner, who turned back, and dropped these boots in the middle of the road—I did not loss✗ of him.
GUILTY.— Twelve Months' Imprisonment.
MR. DOUGLAS conducted the Prosecution, and MR. WARTON the Defence. NOT GUILTY.
Before Mr. Recorder.
MR. BESLEY conducted the Prosecution and MR. RIBTON the Defence.
ALEXANDER THORNS. I live at Wandsworth, and have been fourteen years collecting clerk to Messrs. Young and Bainbridge—I have regular rounds to go on different days of the week—on Wednesday, 9th February, I went my regular rounds, which I had been going for fourteen years—I had with me nearly 500l. in gold and bank notes—the notes were in my left breast pocket, and the gold in my trousers pocket—I was quite sober—I
had dined between two and three, and had nearly half a pint of stout and two glasses of port wine; that was all I had drank the whole of the day—about a quarter-past five I was proceeding from Roehampton to to Putney Heath—that was the road I had been constantly in the habit of going on certain Wednesdays, not every Wednesday—my attention was called to some footsteps of persons walking behind me in the same direction as myself—I heard them before they were in sight—they were the footsteps of more than one person—there are gas lamps in the road, about 180 yards apart; it was between two of these lamps that I heard the parties coming behind me—I turned round to look after them, and by shading my eyes with my umbrella I got a very fair view of their faces as they approached the first gas-lamp I came to—I then passed that lamp, and about forty yards beyond the parish lamp is the lamp of Ashburton Lodge, and between the parish and that lamp I looked round about three or four times to have a view of the parties who were coming behind me—seeing a recess at Ashburton House, I stood up in it, shading my eyes with my umbrella, and only ten feet from Ashburton Lodge lamp I had a full view of the men from the parish lamp to the Ashburton Lodge lamp—the prisoner was the near side man and the shorter of the two—I watched them as they approached me, came opposite to me, and advanced beyond me—I stood still until they had passed from twelve to twenty yards; I then walked after them in the same direction for about seventy yards—they then parted company, the prisoner turning to the near side, the taller one into the road—the prisoner approached me with a few hasty steps, and with a polished instrument, loaded, an instrument glazing in the gas-lamp—he struck me on the left side of the head, cutting my left ear open; he then struck me two blows with the same weapon on the right side of the head, giving me a wound of about two or two and a half inches long, from which the blood flowed freely; he then struck me on the top of the head—meanwhile his companion came up and wrested from me my umbrella, with which I had endeavoured to defend myself—having lost my umbrella, I pressed my arm and hand against my side, so that my assaitant behind should not get his hand in to feel the bulk of cash I had—he drew his hands down my side, and felt a weight in my skirt coat pockets; they were very bulky—he tripped up my heels, and I fell on my back; I rolled over on to my left side, so as to give them all the trouble I could, for the sake of getting time to protect my cash—in rolling over I threw my right arm over, and the prisoner caught me a blow on the thumb with the lifepreserver, which gave me a bad thumb for three months—the prisoner then stood on my neck with his right foot, and his left foot on the bottom of my bowels—the man behind mo raised my overcoat and seized my undercoat, and ultimately tore out the skirt-pockets in this way (producing the coat); he tore up the two sides and then across the top—while the prisoner's foot was on my neck I had some difficulty in breathing, and I offered some resistance—he then struck me three hard blows in front of my head, breaking it in three places—I coolly said, "Take all, but don't murder me"—I repeated this twice, knowing at the same time that what they were tearing from me was of no value—I was not struck afterwards—they left me immediately, tripped over a little rill of water at the side of the road, and scampered across Putney Heath—there was a ledger and a book of poems in my skirt-pocket, both bulky—I picked up my umbrella and a glove; I had a thick riding-glove on this hand, and the other glove was off—after finding my umbrella and glove I walked to the Green Man
public-bouse, which is about five minutes' walk from the spot where I was attacked—I was going there on business—I was known there, and they sent for a cab for me, and I drove off to the doctor's—I did not go to the police-station that night—I was afraid of the consequences of the bleeding—I went from the doctor's home—I had no opportunity of seeing the face of the man who held the bludgeon in his hand while I was on the ground—I had his face in my eye while I was there, but I did not see it—I swear positively it was the shorter man—I have not a doubt about it—the prisoner is that man—the men had gone on from sixty to eighty yards before they turned back—they were not out of my sight—they only went from tea to twelve yards beyond me before I went on my journey—I did not care about being attacked in front—I wanted to avoid being attacked behind—I felt that I should be attacked—I did not lose sight of the two men from the time they passed me under the lamp at Ashburton Lodge till I was attacked—they were never more than twenty yards from me—on the 9th March I was shown a number of men in Newgate, in two separate yards—they were prisoners, dressed in the usual every-day dress—in the first yard I saw about twenty-five men—they were told to march round, so that I could have a view, of them as they passed me—I said there was no one there I knew—I then went to the other yard; there were about twenty men there, dressed in the ordinary way—they were marched round in the same way, and directly I saw the prisoner I knew him to be the man—the yard is about 150 feet long by fifteen wide—the door opens in the middle—I saw the prisoner as he turned the corner at the right-hand side at the top of the yard—he was then about fifteen feet from me—I knew him directly—I watched his walk along the top of the yard, down the side, across the bottom, and up the remainder of the side near to me, and as he passed me I signed to the warder that that was the man I wanted—the warder did not know my business—I afterwards saw him at Wandsworth, about the 9th or 10th April; that was about a month afterwards—he challenged me that if he was allowed to alter his clothes I should not know him—I accepted the challenge—he disguised himself by blacking his neck and the sides of his face and the top of his head, and changing clothes with some casual paupers that were there—there were seventeen in number—the signal was given, and I walked in and I picked him out by his face, and said, "You are the man"—I did not see him alter his dress—I was aware that he was changing his clothes, because I did not depend on his clothes—I knew his face—he blacked his neck and face, so as to give himself hair where he had none—I picked him out immediately—I have not seen the other man since to my knowledge—I had a better view of this man's face and figure, and he attacked me in front, that is why I have such a full knowledge of him.
Cross-examined by MR. RIBTON. Q. This is the first time I have heard of the changing of his clothes and blacking his face? A. I cannot help that, it was known to everybody—I have not been called on to mention it before—I had not seen him at the police-court before he changed his dress—I have filled up the details of this transaction with more particularity than I did on a former occasion—I had not the opportunity of giving the same detail at the police-court; that was only a preliminary hearing—I have only told the truth. (The depositions of the witness were put in and read.) I never had the slightest doubt about the man—I always knew I could pick him out—if I had seen him with any number of men I was always confident that I should be able to identify him—I am sure of that—I was
driven in a fly from the hotel to the doctor's that night—the driver never asked me if I should know the men if I saw them—he never spoke to me—it is not true that I said to him I should not know the men again—I never talked to the man—I did not say to Superintendent Butt that I should not know the two men again if I saw them—I never said so to anybody—no entry to that effect to my knowledge was made in any book at the station—I have never expressed myself to the effect that the man who robbed me was in the service of Young and Bainbridge—at one of the hearings before the Magistrate I asked to be allowed to retire from the case—I assigned as a reason that there were two or three persons who I expected would have identified the prisoner, but they did not—there were two men who said they saw the men and could recognise them again, but on being shown the prisoner they could not identify him—it was not in consequence of that that I said I would rather withdraw from the case—that fact was brought to my knowledge before I told the Magistrate so, but that was not my reason for wishing to retire from the prosecution—I did not assign it as the reason—I gave a reason—it was that I was not prosecuting from any revengeful feeling, although I got the worst of the fight—I considered I got the best, and as the public were not supporting me in the prosecution, I would rather withdraw from it—I was prosecuting on public grounds, thinking that such a man should not be ✗large, and as I was not being supported by any other witnesses I thought I would retire from the prosecution—I did not put the police to watch any of Young and Bainbridge's servants—I gave no such directions—I did not give them directions to watch for a certain man there—I did not tell the policeman Meiklejohn to watch at Young and Bainbridge's—this arises from the circumstance of my seeing some loose men at a public-house where I called on my journey, and I wanted to know whether those men lingered about the premises the whole of the day, and it was proved that they did—that was simply to know their whereabouts—they were none of them Young and Bainbridge's servants—I did not mention a man formerly in Young and Bainbridge's employment of bad character—I say most emphatically that I gave no instructions to any of the police with reference to a man formerly in Young and Bainbridge's employ whom I suspected—this occurred in January—I was not taken to identify the prisoner till the 9th March—the police did not tell me they had a man in custody—it arose in this way: I inquired if there were not some men in prison who had committed robberies in the neighbourhood of Wimbledon; I was told there were, and I said, "No doubt these are the men who robbed me"—I went to Newgate, and the result you know—the man I picked out was engaged in the Wimbledon affair—I said before the Magistrate that the man who robbed me had on a funnel-shaped hat, that is a hat similar to my own; they both had funnel-shaped hats, I mean an ordinary hat—the Magistrate said he had never heard it called a funnel-shaped hat before, 'that he had been wearing a funnel-shaped hat all his life and had not known it—I cannot say positively whether the man who attacked me had hair on his chin—he had no whiskers, but he lowered his head and threw his chin into shadow, so that I could not tell shadow from hair—I have measured that place since—it was a drizzling rain that night and dark—there was no moon, at least there was a moon, but it was cloudy and it was not out—I went a second time to Newgate to see the prisoners walk, because I knew his gait so well, and, being so serious a matter, I could not be too strongly impressed that I was right—the second visit made me still more
positive, if there was any room for it, because I noticed the man's legs, his shoulders, his neck, and his gait particularly—the taller man made longer strides—the prisoner tried to walk in his step, and he walked a little out of his usual stride—I have not been discussing this matter with any of my friends nor with the police—of course I have thought a good deal of it—it was pretty nearly beaten into me, it nearly cost me my life—I cannot say that I have been thinking over the matter much further than turning the man over in my eye, and satisfying myself more and more that he was the man—I had described the man minutely to two or three persons before I picked him out—I should have retired from the prosecution even at the last moment if any doubt had crept into my mind—I should not hare withdrawn from it if I had had the Magistrate's permission to do so, because while I was addressing the Magistrate, Mr. Mayo, the prisoner's solicitor, was also addressing him and challenging me to identify the prisoner, and I immediately said I should consent to the case going on—if Mr. Mayo had not interposed I should have retired, to have saved the trouble of prosecuting, and I know what that trouble is—this is the third session I have been here—I was attended by two doctors—Dr. Jefferson is the only one here—I did not say to either of the doctors that I could not identify the men who had robbed me—I should say I had never seen the men before that night—certainly I had no occasion to mark him—I may have seen him.
MR. BESLEY. Q. Did the people at the public-house send for a cab? A. Yes, they sent their potman—I got into the cab myself—I told the cabman to drive to Dr. Groves's—that was all I said—he did so, I did not say a word to him on the road—when we got to Dr. Groves's the gate was open and I walked out of the cab up to the door direct—I did not speak to the cabman again, beyond telling him to drive me home—Dr. Groves was in the front of the house, just going out to dinner—he alighted from his carriage to attend to me, and Dr. Jefferson came in directly after and assisted me—he afterwards went to the cab with me, I did not say another word to the cabman, I was then driven home—I paid the man 7s. and he went away—I never said a word about identifying the men—I have never seen the cabman since to my knowledge before this morning—I went out within a fortnight afterwards, but I was very rash in doing so, and I was confined to ray house afterwards more than a week—I saw two policemen on the night I was assaulted at my own house—Meiklejohn was not one of them—I do not know that they are here—it was to Sergeant Meiklejohn that I gave a minute description, and also to another policeman who appeared here on the Wandsworth robberies and who knew the prisoner—the doctor would not allow me to talk to the two policemen I saw on the same night—he said, "Cut it short, your life is in danger"—I should not think they were in the house a quarter of an hour—the doctor was present—I did not tell them that I could not identify the men—I cannot say when I first saw Meiklejohn, I think it was the 6th March, with reference to my going to Newgate—I am not sure whether I had seen him before that—I certainly had no important conversation with him; it was on the 6th March that I gave him the description of the men, and on the 9th I went to Newgate—I think it was about nine days afterwards that I went the second time, on the 23rd—I had no professional assistance when before the Magistrate.
JOHN MEIKLEJOHN (Police Sergeant 7 V). I saw Mr. Those on the night of the 9th February, the night he was assaulted, at his own house, in company with Sergeant Girder—he was in uniform—I was in plain clothes—the doctor
was there—he gave a very slight description of the men who had robbed him—the doctor cautioned us and said he would not allow us to talk to him—we were to take the details very shortly and leave him—I saw him just previous to the 9th March, he then gave me a description of the persons—he went with mo to Newgate, but I was not present when the men were shown to him—I was outside, I did not see what took place—I took the prisoner into custody on this charge on the 8th April as he was discharged from Newgate—I told him T should take him into custody for assaulting Mr. Thorne on Putney Heath on the 9th January and robbing him of a pocket ledger and some other things—he said he was innocent, he knew nothing about it whatever—I put him into a cab to convey him to Waterloo Station—on going along he said, "When was it? "—I said, "It was about a quarter-past live on the night of the 9th January"—he said, "I was in Jersey, I was not there"—I asked him how long he had been there—he said, "A week"—I was present at Wandsworth when some persons were shown to Mr. Throne; he had not seen the prisoner since he saw him in Newgate until he was brought into the room amongst seventeen others—he had then dressed himself in some clothes belonging to some casual paupers who were there—I did not observe any alteration about his face—I was out while he was shifting himself—I came in with Mr. Thorne, and he picked him out at once—he never told me that he could not identify the men—the night I saw he said to me, "I should like some inquiries made about a man whom I saw in a public-house called the Corner Pin, in Garrett Lane, Somer's Town"—that was in his own house, he did not say that was the man who assaulted him—he was a man who was a tenant of Young and Bainbridge's.
Cross-examined. Q. Do you say now that he never told you that he could not identify the men who robbed him? A. He never said so—I never heard him say so to anybody else—I believe the book from the police-station is here—I did not make the entry, Inspector Usher is here, who did—I have seen it—it would be made the night of the robbery, on the following morning—it is headed 9th January—Mr. Thorne told me be wished inquiries to be made about a man that he saw at a public-house—he did not say he suspected him of being the man—I asked him his reason for it, and he said he did not mean to say that he was the man who assaulted him, but he would like some inquiries made about him—I left him at that time, the doctor would not allow me to say more—he did not say that he was a man formerly in the employ of Young and Bainbridge, and said that he knew him to be a bad character—he said the men who robbed him had got high hats on, but one was much shorter than the other, that they were both dressed in dark clothes, and the clothes looked very wet—that was all the description he gave me—it was not in consequence of that description that the prisoner was apprehended—there liad been some robberies at Wimbledon some time previous—the prisoner was apprehended with another for committing these robberies, I think in February, by Sergeant Cole—they were committed to this Court and tried for two robberies and acquitted on each charge—the other man called witnesses to prove that he was elsewhere at the time—he was sworn to by witnesses—I was in Court and heard it—I apprehended the prisoner as he was leaving this Court—Sergeant Cole had him in custody for the Wandsworth robberies and the Kensington Palace Gardens robbery—it was before that trial that Mr. Thorne saw him in Newgate—I do not know as a fact whether the prisoner has been in Jersey.
MR. BESLEY. Q. Were there two men concerned in the Wimbledon robberies? A. Yes, a horse and cart figured in these robberies—a fast horse—Sheen was the man who was tried with the prisoner—he called one witness to prove an alibi.
JOHN MOORE (Policeman 212. V). I was present with the sergeant when the prisoner was taken from Newgate in a cab, but I could not hear what the conversation was—next morning, when he was in the cell at Wandsworth, he said to me, "How do you think I shall get on? "—I said, "I don't know"—he said, "So help me God, I am innocent of this, I was in Jersey at the time, if I was not in Jersey I was in Swallow Lane or Plough Court"—I am not sure which he said.
Cross-examined. Q. You know he has been in Jersey, do you not, from inquiries you have made? A. No, I have made no inquiries—he said he could call witnesses to prove that he was in Jersey, or in Swallow Lane, or Plough Court.
WILLIAM BLOOMFIELD (Policeman 248 A). I have known the prisoner about eighteen years—I have seen him frequently within the last four or fire months—I know him well by sight—on Thursday, 10th January, about one o'clock in the day, I saw him in a cart in Regent Street—I am perfectly certain it was the 10th—I have a reason for saying so.
Cross-examined. Q. Do you know that he has been to Jersey? A. I believe he has, but it was a week after that.
MR. BESLEY. Q. Had you an opportunity of seeing his face on the 10th January? A. I had—he had a tuft of hair on his chim—I did not notice a moustache—they passed by in a cart with a fast horse.
CHARLES COLE (Police Sergeant 23 C). On the 9th February last I took the prisoner into custody at No. 1, Plough Court, Fetter Lane—he was in the front parlour, ground floor—I asked him if it was his room and if he had any other room—he said, "No"—I searched the drawers in that room, and found two life-preservers, two pistols loaded with powder and ball, two jemmies, a knife, three pick-locks, percussion caps, powder and ball—I saw the prisoner on the evening of the 11th January in High Street, Kensington—he had got a small quantity of hair on his upper lip but no whiskers—he had on what is called a Fenian hat.
Cross-examined. Q. All these things have done duty on two former trials, have they not? A. In one trial there were two charges on for robbery at Kensington, and one at Wimbledon—there was another man in the room with the prisoner—I know him and I know where he is now—he was a friend of the prisoner's—I consider him a bad character—I found these things in the parlour—there are two parlours—this was a bedroom and a sitting-room too—I do not know that both of the men slept there—he told me at the time that the other man was a friend come to breakfast—I examined the other parlour—I cannot say whether there was a bed there, I do not think there was—I found there a duplicate for a diamond ring, and a suit of clothes—I have no doubt they belong to the prisoner—he said that was not his room—the keys were given to me by his mother—the drawers were unlocked in his presence, in which the suit of clothes were found—he said the other was his room—these implements were not found in that room—the other man has been sentenced to two years for an attempt to break into the Marquis of Downshire's house.
was occupied by Dr. Groves—I am his partner—I was there five or ten minutes after the arrival of Mr. Thorne on the night in question—I found him in the surgery—I mainly attended to his injuries, because Dr. Groves had to go out to dinner—he had a severe scalp wound down to the bone, about two inches long on the right side of the head; a cut through the edge of the ear on the left side; a bruise on the forehead, and a bruised aid torn thumb-nail—they might have been produced by such an instruments this life-preserver—I have seen such wounds produced by such instruments—they might also be produced by an iron heeled or toed boot—I attended him for five weeks afterwards, off and on—I went with him to his own house in the cab that night—there is no foundation for saying that ho told the cabman that he could not identify the men who struck him—he had go conversation with the cabman, but he had with a mounted policeman who drove up at the time—he told me he could identify one and not the other.
Cross-examined. Q. I suppose he did not say which? A. It was the man he described as being nearest to him—Mr. Grove is not here.
WILLIAM USHER. I am a police inspector, at present stationed at Rochester Row—on the 9th January I was at Wandsworth—I saw nothing of Mr. Thorne on the night of the 9th January—the entry in this book in my writing, made at the time—I have been subpoensed by the defence bring it here.
Cross-examined. Q. Are there two entries? A. Yes—I am not aware of there being any other book in which there is an entry—I got the information as I went on duty at nine o'clock—it was left written for me on a piece of paper—I cannot tell who wrote that—it has been destroyed—I made a report on it.
The following Witnesses were called for the Defence.—
HENRY MORRIS. I have been a prizefighter, and live in Dacre Street, Westminster—I know the prisoner—on Wednesday evening, the 9th January last, I met him in Strutton Ground within five or ten minutes of five o'clock—I said, "You are just the person I want to meet"—he asked me to turn back with him—we were together I should think three or four hours—we went to the Feathers public-house, back of the Broadway—he stayed there I should say half an hour—we had a few glasses of hot port wine—we then went round with a friend of mine who keeps the Sawyers' Arms beer-shop, where we had several pots of old and bitter for the good of the house—we stopped there a little time, and then went to the Two Brewers—I never missed sight of him from five o'clock to a quarter to nine—when we parted he had a few words with his wife—there was a window broken, or had been broken—I was in the meetingroom at the time—there had been a row between him and his wife—I know that this was on the 9th, because I depended on this young man going to deposit with me at Bell's Life and I had a slip of paper that I paid the deposit in on Friday, the 11th, as he gave it me on Wednesday, the 9th—they take all deposits at Bell's Life on Friday—he gave me 30s.—I also know it was this particular night, because it was a friendly meeting, a sing-song for the benefit of somebody that was dead or something—I am positive it was on the 9th.
Cross-examined. Q. Did you hear of a traveller being knocked down and robbed on the road from Roehampton to Putney Heath? A. I never heard of such a thing—I heard of it when I was called on to be a witness—I saw Mr. Thorne there; I suppose I only saw his back—of course I
knew then there was a charge of garotte robbery against this poor man—I did not know it till the prisoner was apprehended on this charge—I do not know when that was—I went before the Magistrate at Wandsworth as a witness on the second examination I think—I did not know what he was charged with then—I had heard of his being taken, but I cannot say whether it was a week or a month before—it might hare been about a week before I went to the Magistrate that I was asked to give evidence—his friends who went to see him asked me, lots of his friends—I cannot tell you who they were—his relations—I cannot tell you where it was they asked me—I dare say it was in the neighbourhood of Westminster—I cannot say who Was present—I was asked to prove he was somewhere else at the time the window was broken in the Two Brewers—it was the glass part of one of the folding doors going into the street—I was in the meeting-room at the time, and he and his wife were rowing—I did not see the window broken—I saw it was broken when I came out—I went to the Feathers with him and another friend or so—I do not know who they were, they were strangers to me—we might have remained there half an hour, and about the same at the Sawyers' Arms—he left me about a quarter to nine at the Two Brewers, and I saw him no more—I have not been convicted—I had fourteen days for a little gambling—I do not know that it was cardsharping, that was what they said it was, or something of that sort, at Croydon races—I am in the habit of using the Two Brewers pretty often—I use lots of houses—six or seven—that is one of my favourite houses—I mentioned before the Magistrate about paying 30s. deposit at Bell's Life I am sure of that, and I mentioned it at the police-station—I have not got the receipt from Bell's Life were—I do not think it is far off—I gave it to one of the prisoner's friends—I do not know his name—I can soon get another, if it is wanted—I gave as a reason for fixing this to be on the 9th that there wag a sing-song for the benefit of a man named Cross—I had left the 30s. at the Sawyers' Arms before we went to the Two Brewers—my principal reason for fixing the date is that I served the man so that I received the money on the 9th, and paid it in on the 11th—I showed the receipt to the, solicitor, and he gave it me back—he said I had made a mistake, I ought to have shown it to the other solicitor—I thought he was the prisoner's solicitor—that was on the last trial, but on this day two months I think—as far as I can recollect, it was a damp evening on the 9th, showery like—I do not think it was raining, it had been—it was rather damp the day before, or something of that sort—I know it was damp weather altogether—I do not know how long it would take me to get the receipt—if it is with the party I think, it would not take ten minutes—I was here in May to give evidence, but the trial did not come on—I had it with me then—it was in June I was sent to prison for fourteen days—I had some cards down at Croydon races—that is the only offence I have been convicted of—I gave evidence before the Magistrate in April—Dundas's friends came to me and told me what he was charged with—I was asked about the 9th of January, and then I recollected.
GEORGE HAYDON. I am a fly-driver in the service of Mr. Clipson, at the Railway Hotel, Putney—I remember the night Mr. Thorne was robbed—I do not know the day of the month—I took him to the doctor's—I heard of the robbery, and asked him if he should know the men again—he said, "No"—it was not once only that I asked him, I asked him about three times whether he should know the men again, and he said no, he should not—I am positive of that, on my oath—he was going to get into
the cab from the Green Man before I took him to the doctor's—he was about twenty minutes or half an hour at the doctor's—he walked out of the Green Man into the cab, and he walked out of the doctor's and got in again, and then I took him home.
Cross-examined. Q. You said he said it to you three times? A. Yes the first time was at the Green Man, and then I asked him about twice when he was speaking to the constable down at Dr. Jefferson's—it was not in the presence of Dr. Jefferson that I asked him, I was by myself—I saw a mounted policeman—the second time I asked him was as he was coming out of Dr. Jefferson's—I do not know whether the doctor heard him or not—he got into the fly with him—he was not walking by his side to the fly, he walked behind him—I was not on my box, I was standing down alongside the fly—the doctor did not help him in, he got in himself—if was before he got into the fly that he said he should not know the man again—I said, "Could you identify the men if you were to see them? "—he said, "No, I could not; for there were two of them, and they came behind me and knocked me down senseless"—Dr. Jefferson was close at hand at that time—I do not know whether he heard him or not—I asked him the second time about it because I am about a good many hours of the night, and I might very likely see any one—I mean to say that I asked two or three times—I had no reason for asking him the second time—he said he thought they had got a cart just below—and when I went home that night one of our men told me he saw two men go by in a cart with a grey horse—Mr. Thorne told me he thought there was a grey horse just about there—I swear that Mr. Thorne mentioned about the grey horse to me—the third time I asked him if he should identify the men was at Dr. Jeffer. son's—I asked him once at the Green Man and twice at Dr. Jefferson's, as he was getting into the cab; I asked him one after the other—it was after he had talked about the grey horse that I asked him the third time—he was getting into the cab at the time—I do not know why I asked him the third time—I cannot give any reason for it—I had two subpoenas to come here—I received this paper on Sunday night I think, a month ago last evening—I do not whether that is a month or five weeks ago—that was the first time I was asked about it since the 9th January—I heard that the prisoner was charged at Wandsworth and remanded, but no one came and questioned me about it—I heard that Mr. Thorne had got him locked up, that was all—why should I go to the police? I knew nothing about it; it was no business of mine—I heard that Mr. Thorne had picked him out and identified him, but I did not know the man; this is the first time I have seen him—I thought it odd that he should pick out the man when he told me he could not identify him, but I did not go up about it; it wait no business of mine.
MR. RIBTON. Q. I see by your subpoena you were to appear here in June last; is that the first time you came here? A. Yes—I say on my oath that Mr. Thorne told me he could not identify the man.
ANN WEAVER. I am the wife of Henry Weaver, of 93, Great Peter Street, Westminster, tin-plate worker—I know the prisoner—early in January last I remember a meeting at the Two Brewers concerning a young man named Cross—it was on the 9th, I know that because my husband had to attend to play the violin—the prisoner came to my house about four o'clock that afternoon, and asked for my husband—he stayed there till just about five—he had tea there—he then went over to Mr. Morris, the last witness, and I saw the prisoner and Mr. Morris at the Two Brewers just
before six—I was not there many minutes—I left them there and went home—between seven and eight I went up to the Two Brewers again to my husband to leave a message for him, and I saw the prisoner there then—I did not stop any time, and I saw him again just before eleven, when he was going home, at my door with his wife and two friends—I believe Morris was one, but I am not certain—I am quite sure it was on the 9th January—my husband is not here, ha is at work.
Cross-examined. Q. Do you and your husband let out No. 1, Plough Court, in lodgings? A. No—we have nothing to do with it—the prisoner's wife is not my daughter or any relation of mine—he was frequently in the habit of coming to my place—three or four times a week—we have been living there three years—my husband is in the habit of going to the Two Brewers frequently to friendly meetings—the prisoner's wife was at my place all that evening waiting for him to come home—she was in my company all the time—I cannot say whether I saw him between eight and nine—I believe I went up twice to the Two Brewers—I saw the prisoner pay for a broken window on the 10th—I do not know whether it was broken that night or the night before—it was at the Two Brewers—they said he had broken it in a scrimmage—there were two meetings there, one on the 7th and one on the 9th, and I could not say at which it was broken—the meeting was on the 9th when he was there, and on the 10th he paid for it—I am confident this was on the 9th—I was not at the place when he paid for it, but he came to my place before going there—that was between tea tnd eleven in the morning.
GEORGE REED. I am a general dealer, and live at Snow's Bents, York Street, Westminster—I know the prisoner—on Wednesday, the 9th January, I saw him at the Two Brewers—I took the chairman's place there at a comvivial meeting for the benefit of young Cross, who was going into training to fight Morris—I opened the proceedings and made a speech and sung a song if required—I took the chair at eight precisely—I saw Morris and Dundaa a little before five that day at the Feathers, in the Broadway, Westminster,—they left there a little before six, and I went home to put on my wearing apparel to appear in proper style at the two Two Brewers—I cannot always get them, they are lent to me—I saw them at the bar of the Two Brewers a little before eight, drinking—they stopped till about eleven—I got a little elevated after eleven, and I do not know where they went to then—Dundas was about three people off me—there was a bit of a noise at the bar that night, something about a glass or a window broken, but I did not go out to interfere—that was between Dundas and another one, I do not know who—I could not leave the chair, I had to mind the money—I have no doubt this was on the 9th—I have sworn it—I was examined before the Magistrate.
Cross-examined. Q. Do they often secure your services as chairman there? A. Decidedly—if any one dies we have a meeting just to put him under the ground decently—I am there pretty frequently for that purpose—I did not see Dundas's wife in the room with him and Morris—I know her by sight, and I know Mrs. Weaver—I did not see her there while I was in the chair—I was not there as chairman on the 7th—I was on my rounds, selling things—I recollect the 7th because it fell on a Monday, and I went round with a few things to get my money in—I knew that Dundas was in custody the next day, the 10th, so they told me—I did not know what it was about—I did not hear anything about a gentleman being knocked down between Roehampton and Putney Heath, not until I went as
a witness—I cannot say when that was, it was not in April—I should think it was in January—I went to prove the man's innocence—I do not know what month it was in, it was not a month after the convivial meeting—I am sure of that.
MR. RIBTON., Q. Try and recollect; how many times have you been here? A. Were, never in my life—I was not here to give evidence last session—I was never charged with anything wrong—I never did anything wrong in my life—I was waiting here in June if I was wanted and I wbs here the month before that—I cannot recollect how long before that it was that I went and gave evidence before the Magistrate—I went up twice, but I was only just called up as a mere matter of form—I did not see the prisoner after the meeting on the 9th—I lost sight of him for some time—I first heard of his being in custody the next day—a friend of his asked me to go before the magistrate—I cannot tell you his name—he has gone into the country—I cannot tell you what month it was he came to me—it was some time after the convivial meeting—Dundas's mother-in-law happened to look over a list of the meetings with my name at the bottom—I do not know her name—there were two or three women talking together—I did not hear them say what it was for—I never heard of any body being robbed on Putney Heath—Mrs. Weaver is not his mother-in-law
MR. BESLEY, in reply, recalled.
DR. JEFFERSON. I remember Mr. Thorne leaving the house where I now reside—I accompanied him from the door to the gateway in the road; to the best of my recollection I had hold of his arm or he had hold of mine during the transit—I was close to him when he entered the cab—I went in with him—the cabman did not say anything to him in my hearing that I recollect—I have heard the grey horse mentioned since I have been in Court, and that is the first time I heard of it—it was not mentioned as we were stepping into the cab.
ALEXANDER THORNE. I recollect leaving the house with Dr. Jefferson to get into the cab after my wounds had been dressed—he was close to me, ready in case I required assistance—I cannot say that he had hold of my arm—he was by my side—I went into the cab, he kept by my side the whole distance to the cab—the driver simply asked where he was to drive me to, nothing more—I told him my address—he did not say, "Should you know the men if you were to see them again? "nor did I say I should not—I never spoke about a horse or its colour—I never on any occasion said to him that I should not be able to identify the men.
COURT to MRS. WEAVER. Q. Do you know where the prisoner lived? A. In Plough Court, Fetter Lane—I cannot exactly say when he went there—I believe he was living there on the 9th January and for some time before he went away.
GUILTY. He was further charged with having been previously convicted, in April, 1863, at Wells, by the name of Henry Marshall. To this he PLEADED GUILTY**— Ten Years' Penal Servitude, and Twenty Lashes.
Before Mr. Common Serjeant.
709. MARY ANN PRICE (26) , Burglariously breaking and entering the dwelling house of Henry Harper, and stealing therein six knives his property, and one pair of sugar tongs the property of William Treadwell, upon which MIT LEWIS offered no evidence.
NOT GUILTY. (See case of Sibley and Price, 8th Session.)
MR. LANGFORD conducted the Prosecution, and MR. PATER the Defence.
SOPHIA TAPLEY. , I let my shop, 8, Gibson Street, Lambeth, to James Adams, a watchmaker—on 5th July, about three a.m., I awoke as the clock struck three, and was not awake three minutes before I heard something drop in the shop—I opened the door gently, went half-way down stairs, and saw the parlour door open, which belongs to Mr. Adams—I called out, "Who is there, you thieves? "—two young men came through the parlour from the shop, and ran through the passage into the street—I followed them in my night-clothes to the corner, calling "Police! stop thief! "—I cannot swear to them, as they hurried through so quickly—I have seen the prisoner about the streets—he is about the size of one of them—I followed them and saw a policeman follow close upon the same men who went out at the door—I did not lose sight of them—I had seen the parlor doer safe at twenty minutes to twelve, and the outer door was fastened—I went into the shop and saw two clocks and a jemmy Lying on a jacket, and about half an inch of tallow candle burning on the counter—they bad drawn the padlock from the staple, and I fonud it under the door—I also found this key (produced), which fits the frontdoor, and another key, which they had hidden under the mat With the padlock.
Cross-examined. Q. When you were taken to see the prisoner the same day, did you say that you could'not recognise him? A. Yes.
JOHN LATTY (Police Sergeant L). Last Friday morning, about three o'clock, I heard Mrs. Tapley calling, "Stop thief, "and saw the prisoner running and a boy after him, three or four yards from Mr. Adams's shop, just off the pavement—I called, "Stop thief"—he ran to William Street and was pursued by Riley, who brought him back—he had this street door key (produced) in his hand—I examined Mr. Adams's parlour door and found a staple under the mat—I saw the prisoner searched, and this hammer of a watch, sixpence, and three halfpence found on him—I am sure he is the person who came out.
PHILIP RILEY (Policeman L 72). On 5th July, about three a.m., I heard some one calling, and saw the prisoner and another man running about 120 yards from Adam's shop—I followed and took him—he took the key out of his coat pocket and passed it behind him to the other hand—I seized his hand and took it from him—I searched him at the station and found the hammer of a repeater watch on him.
Cross-examined. Q. Did you see another man near him? A. Yes, he got away—one was as near me as the other—they were running across the Lower Marsh, and I was standing there—the prisoner said, "I was only following the other man"—he was behind the other—only some straggling persons were in the street—I had not seen Latty before I took the prisoner, but he came up then.
JAMES ADAMS. I am a watchmaker, of 2, St. Alban's Terrace, and have a shop at 8, Gibson Street, under Mrs. Tapley—on 4th July I left off business at half-past eight, locked the door with a key, and then put a padlock on—at 8.30 in the morning T found the shop had been broken into, and I missed seven or eight pairs of earrings, part of the works of a watch, and a silver ring—I have recovered two clocks—this hammer of a repeater corresponds with the other part of a repeater which was under
repair, and which was safe in a tray when I left at eight o'clock—this is a very small portion of the works—a good many of them are gone.
Cross-examined. Q. Do you swear to that hammer as being in the tray over night? A. I do positively—I had been working upon it the day before, and had no other watch of that description; it is French—I do not know the maker's name—the parts with the name on them are gone—there is no mark on the hammer, but it corresponds with other portions of the works—the hammer of a watch by the same maker would corresnond also if of the same-sized watch.
MR. LANGFORD to JOHN LATTY. Q. As soon as the prisoner was brought back in custody, did you and Mrs. Tapley go into the shop? A. Yes, and found a jacket laid across the counter, two timepieces laid on it, and this jemmy underneath.
MR. PATER. Q. Are you sure you saw the prisoner in the same street where Mr. Adams's shop is? A. Yes, I was not ten yards from him—Gibson Street is 150 yards long—I lost sight of him at the bottom of William Street, when he was crossing into James Street—there is a sharp turn there, and they got out of my sight just for a second or two, and when I came up the prisoner was in custody—I started him off to the station and went after the other man.
The prisoner received a good character. GUILTY.— Twelve Months Imprisonment.
JOHN STEPHENS. I live at Poplar Road, Roehampton—on 7th June, about a quarter to four, I was asleep on the ground floor—when I went to bed the outside shutters were closed, and the window too, but not fastened, and the shutters were not bolted, neither was the window screwed—I heard something, looked towards the window, and saw daylight, and the prisoner looking in—he had the window up seven or eight inches to a little shelf which goes across the window—he laid his hand on the shelf, and his fingers were partly in the room—he shook the shelf, as if trying to move it—there was a pair of shoes on the window on each side of the shelf—I said, "Who told you to come in that way? "—he said that he wanted to know his way to Wandsworth—I said, "I will d—d soon show you the way, "and jumped out of bed, put on some clothing, and went to the door to see which way he went, as there are two roads—I met Sergeant Lloyd, and described the prisoner—Sergeant Lloyd knocked me up two hours afterwards, and I went with him and identified the prisoner—I can swear to him—not two minutes elapsed between his closing the shutter and my telling Lloyd, for the street door is at the foot of my bed.
Prisoner. Q. How long is the street before there is a turning? A. It is thirty yards to oue turning, and seventy to another—I swear to your features and to your light jacket.
HENRY LLOYD (Policeman 78 V). On the morning of 7th June I received a description from the prosecutor, and a few minutes afterwards found the prisoner about 500 yards off, on Wimbledon Common, at about four o'clock—he came across the heath and sat under a tree—I said "Good morning; you are out early"—he said, "Yes"—I said, "I suppose you have been travelling all night? "—he said, "Yes, a good many nights; come and tell me the way to Wandsworth"—I said, "Yes, I
am going there, I will show you"—I walked with him on to Wandsworth Common—he said, "I am going to have a pint of beer"—I said, "It is not worth while your doing that, I want to speak to you"—I took him to the station and fetched Stephens, who identified him—the prisoner said, "You are a b—liar; it will do you a great deal of good now you have come"—I found on him a knife and fivepence.
JURY. Q. Did you ever see him before? A. No.
Prisoner's Defence.. think it is very hard. I walked all the way from Reading to London. I sat down under a tree three-quarters of an hour before the policeman came up, and if I had opened the man's shutters I should not have sat there. I had no tools to break into any house. It would be impossible for me to walk that distance without the policeman seeing me go by the house. There was no mention of the shelf or the boots before the Magistrate.
Twelve Months' Imprisonment.
MR. DALY conducted the Prosecution. and MR. M. WILLIAMS the Defence.
SOPHIA DUNN. I am single, and live, at 3, Grove Cottages, Wandsworth Road—on 12th April, about a quarter to six in the evening, I came home and saw the back parlour door open, that is an empty room—I went up stairs and missed a watch, chain, a gold earring, and other articles—a pane of glass was broken, and any one could put their hand in and uncaps the window—I found it open—it was closed when I left—this watch and chain are mine—these two petticoats were under my bed when I left—I occupy the whole house—I found the back kitchen unlocked and unbarred; it was locked and barred when I left—anybody could get up to the window from the outside—it is on the first floor, and when once in the house they could unbar the kitchen door and get out that way—these are not all the things I lost.
Cross-examined. Q. Has the house unoccupied? A. Yes—I left home at ten in the morning, and came home at six—I recognise my own work on these petticoats—I have had the watch nine years, arid can swear to it by two or three marks—I swear to the chain by its general appearance.
MR. DALY. Q. What are the marks by which you know the watch? A. Were is a scratch by the five, which was done by a child.
MARY ANN ASHFORD. I am the wife of Jeremiah Ashford, of 7, Crescent, Wandsworth—on 12th April, between three and four o'clock, I saw the prisoner knocking at the prosecutrix's door repeatedly—he seemed to be leaning against it, and I thought he was talking to somebody inside—the knock was not answered, and he came to the gate, walked up the street, and then crossed and came and stood at the pier which is between the neighbouring house and ours, and then walked to the back of the house, and I saw no more of him for twenty minutes or half an hour, when I saw him open the gate—he had a large shiny bag, as much as he could manage, which he put on his back and walked away.
Cross-examined. Q. Had you no suspicion? A. No—I was cleaning the window, I had never seen the man before.
MR. DALY. Q. Was he under your observation afterwards? A. He so frequently passed to and fro that I have not the slightest doubt he is the man.
JOHN HOLLOWAY. I live at 6, Cheswood Street, Battersea Park—the prisoner occupied a room there—on 17th May his wife, Rebecca Mahonney, came home, her maiden name was Rebecca Holloway—I left her and went with my wife to Vauxhall Cross to purchase some tea-things, and saw Mr. and Mrs. Mahoney, Mr. Chick, and another man standing under Vauxhall Cross—the prisoner had a fresh chain attached to his waistcoat, which I had never seen him with before, he used to wear one of his wife's, which went round his neck.
Cross-examined. Q. Are you his brother-in-law? A. Yes, I occupy one room with my wife and children—the things were found in the house on Sunday morning, 17th or 18th May; his wife was liberated on Friday, 17th May, and came home, and I went and saw them at Vauxhall Cross the same day—the prisoner had occupied a room in the house for three weeks or a month before that; he left on a Saturday morning—his wife got committed to prison in November—I have occupied the house about six months, he left the house three weeks before his wife came home, on 17th May—me and my wife and four children occupied it while he was away—I had the misfortune to get into trouble fifteen or sixteen years ago, but since that I have got an honest industrious living—I have been convicted about three times, I will swear it is not six—I was transported for seven years in 185l in the name of John Islington, and had been convicted about twice before that—I was very young and foolish, and was left in the wide world a desolate orphan—I took what did not belong to me from Strutton Ground, Westminster; another party cut a string, and I picked up a dressing-gown which was hanging at a door—I stole something which hung at a door, and they proved two previous convictions against me; I was transported, and through my good conduct I got off without serving—I was never flogged—I had two months for stealing lead, I was never charged with burglary, Mr. Mahoney pays the rent of the house—I pay nothing, my wife looks after him and attends to him, and washes for him, and that is like paying rent.
MR. DALY. Q. How old are you now? A. Thirty-two—I have always gained an honest living for the last sixteen years, and I was watchman at the Metropolitan Railway from last March twelve months to last January.
JANE HOLLOWAY. I am the wife of the last witness—from March up to the time the prisoner left our house I saw him wearing a peculiar waistcoat, and on the Friday his wife came out, the 16th, I saw him at Vauxhall Cross with an Albert chain attached to his waistcoat, very much resembling this—I never saw him wear it before.
Cross-examined. Q. Has the prisoner living in the house at the Time the goods were found? A. Not for three week previous; my husband and I and the children were living there, and no one else—the prisoner is my brother-in-law.
JOHN MICKLEJOHN (Police Sergeant 7 V)., I was called to 6, Cheswell Street, Battersea Park, on Sunday, 19th May, about a quarter-past seven, and found the prisoner there in bed with his wife—I told him I believed he had some stolen property in the house, and I must search it—his wife got out of bed, and I saw her attempt to take something off her finger—I apprehended her and took this ring off her finger—I found this waistcoat,
with this watch in the pocket, on the bed, at the prisoner's head; the watch was going and was correct—I found this petticoat at 13, Union Street, London Road, and a duplicate of a pair of earrings.
Cross-examined. Q. Do you know Holloway? A. Yes; I believe he has been convicted several times.
COURT. Q. Did you say anything about the things? A. I asked the prisoner how he accounted for them; he said that they were in the house when he came in, and he had not been in the house for three weeks.
GUILTY. He was further charged with having been convicted at Clerkenwell in 1861, to which he PLEADED GUILTY.— Ten Years' Penal Servitude.
713. GEOEGE DONOVAN (20) , Robbery, with others, Joseph Driscoll, and stealing from his person one purse one handkerchief, part of a chain, and twopence, his property. MR. DALY conducted the Prosecution.
JOHN DRISCOLL. I am a butcher, of Tower Street, Waterloo Road, but I work in Leadenhall Market—on 16th June, between six and seven in the evening, I was in Snow's Fields in the middle of the road; the prisoner came behind me and throttled me, so that I could not breathe—my cap got over my eyes, by his arm coming over it, his knee was put into my back, and I was pulled backwards and fell—he held me on the ground, and some more men, I believe there were three, rifled my pockets—I managed to save my watch, though they made two snatches at it, I clung to it, and here are the remains of the chain—they took my purse, containing twopence, and a handkerchief, and tobacco box—I had a good view of the prisoner, the others ran away, and I had a good view of him; he got up and ran behind two women—my cheek was very much swollen, and I had great pain in my hip—I put my finger up, and said, "Mind, if it is a month, or two months to come, I shall know you, "looking at the prisoner—I have no doubt whatever he is the man—it was quite daylight.
Prisoner. I was placed between three men, and he passed down and said it was none of those men. Witness. I walked up twice, but as soon as I saw you I said, "That is the man"—I did not say that the man who caught me by the throat had a Muller-cut-down hat a hat was put on you, tnd you then looked very dark; I have no hesitation in saying that you are the man.
GEORGEMARSHAM (Policeman 9 M). I took the prisoner on the 18th in Tooley Street, I told him I wanted him for being concerned with other men in assaulting and robbing a man in Snow's Fields on Sunday evening previous—he said, "I was in Snow's Fields, I did not do it, but heard of it"—I took him to the station, he was placed with three others of the same sort taken from the street, and Driscoll picked him out at once, he had no difficulty at all.
Prisoner. This is the man who clapped the hat on my head. Witness. The prosecutor said that you were wearing a Muller-cut-down. I was wearing one at the time and put it on your head, and Driscoll still said that you were the man—he did not say, "None of these are the men."
JOSEPH BIRCH (257 M). I called three working men into the station dressed similar to the prisoner, the prosecutor was out of the way at the time; they were placed in a row, and he came in and picked the prisoner out—the prisoner had a cap on, and he said that on Sunday night he had a Muller-cut-down in, one of which was put on him, and Driscoll still said that he was the man.
The Prisoner's Statement before the Magistrate.—"I am not guilty; I was at the Grapes public-house. The complainant did not know me, and the constable put a Muller-cut-down hat on me."
GUILTY. he was further charged with a previous conviction, at Southwark, in April, 1866, to which he PLEADED GUILTY.**†— Eighteen Months Imprisonment and Twelve Strokes with the Cat.
Case omitted in OLD COURT,Tuesday.