CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD JUNE 8TH, 1868.
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, June 8th, 1868, and following days,
BEFORE THE RIGHT HON. WILLIAM FERNELEY ALLEN, LORD MAYOR of the City of London; Sir COLIN BLACKBURN, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir GILLERY PIGOTT, Knt, one of the Barons of Her Majesty's Court of Exchequer; Sir JAMES DUKE , Bart, Sir FRANCIS GRAHAM MOON, Bart., F.S.A., JOHN CARTER , Esq., F.A.S. and F.R.A.S., Sir BENJAMIN SAMUEL PHILLIPS , Knt, Aldermen of the said City; The Right Hon. RUSSELL GURNEY, Q.C., M.P., Recorder of the said City; SILLS JOHN GIBBONS, Esq., JOSEPH CAUSTON, Esq., and THOMAS SCAMBLER OWDEN, Esq., Aldermen of the said City; THOMAS CHAMBERS, Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., L.L.D., Judge of the Sheriff's 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.
WILLIAM MC ARTHUR, Esq.
SEPTIMUS DAVIDSON, Esq.
CHARLES MILLS ROCHE, Esq.
CENTRAL CRIMINAL COURT.
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, June 8th, 1868.
Before Mr. Recorder.
MR. F. H. LEWIS conducted the Prosecution; MR. COLLINS defended Eliza Chadwick, MR. MONTAGU WILLIAMS Hall, and MESSRS. METCALFE and BESLEY defended Graham Chadwick.
MR. LEWIS in opening the case, offered no evidence against HALL.
>NOT GUILTY .
DAN GOW . I am a warehouseman, in Friday Street, City—the prisoner Eliza Chadwick, was in my employment—previous to July, 1867, I carried on the business of a shawl mauufacturer, and a dealer in Winseys, I was afterwards desirous of superadding the mantle business; for that purpose I engaged the female prisoner, at a salary of 30s. a week—I had known her for four or five years previously—she left in the middle of January—she had requested an increase of wages; I refused—the matter came before Mr. Commissioner Kerr, on 30th March, and was adjourned until some future day—when I went back to my premises on 30th March, I received certain information from my workpeople, in consequence I communicated with the police at Bow Street, and Cheshire the constable was sent to me—I went with him to the prisoner's house in Fore Street—I saw her there, and a Mr. Townsend, and a number of workpeople, as well as the male prisoner and Mrs. Hall—I found a considerable quantity of property there, this is it (produced)—this is all my property, I have examined it all—its value is
about 100l. or 130l., the female prisoner had no interest in the business beyond her weekly wages—she never sent a mantle to me at Glasgow.
Cross-examined by MR. COLLINS. Q. When you first knew Mrs. Chadwick, was she not carrying on business? A. She took out work to make up for people, and I have given her work occasionally in that time before she came into my service—I believe she kept workpeople for that purpose—I think she entered my service in August, 1867, and was with me four, five, or six months—I bought a sewing machine of her at the time I took her into my employment—I believe it was in use for some time before I bought it, I paid the rent of her work room, and took it off her hand, except the sewing machine which I did not want, for I had a great many of my own—I don't believe I have sold her anything while she was in my employment; the only thing I am aware of is a piece of winsey, which she did not pay for—I don't remember her saying that she had got an order to make some pattern jackets for a Mr. Izant, a manufacturer—I did not attend to the details of the department, Mr. Crystal did—I can't say it did not happen, it is very possible, it would be shown in the books—I say that all the things produced are mine; on some of them there are marks—this chenielle is our own manufacture and could not be bought, we do not sell them separately; it is for fringing shawls; it is manufactured by us at Glasgow—we had it in our warehouse at London—here is a piece of cloth with the handwriting of Mr. Crystal on it, that I recognize, also the number of the ticket corresponding with our invoice—I recognize my clerk's writing on it—she never designed patterns at her own house out of my materials, to my knowledge—I never told her to do so, I would not have allowed it—she did not come to teach me the mantle making business, she came to conduct the workwomen—I never gave her a book of patterns to design from on the Sunday; if she had it, it was for the use of the department; I took up a book of fashions and asked her if she could see anything there to put into the shape of a mantle—I believe she has been at my brother's at Glasgow, I never saw her there, she told me so—she was simply a workwoman there—after she left me, Mrs. Hall superintended the workwomen—she only staid a fortnight or three weeks, a Mrs. Simpson took her place, and she is there now—I do not change my servants frequently, Mr. Crystal has been with me fourteen years—when I went before Mr. Commissioner Kerr, he told me I must have a jury—I did not ask that Mrs. Chadwick might find the jury, nor did my solicitor, nor did the Commissioner say, "No, if you want a jury you must have one," nothing to that effect—the case is still adjourned—she is suing me for 6l., a month's salary—I offered her a week's salary instead of a week's notice—she owes me as much as she claims, because she never paid me for the piece of winsey, which she got unknown to me—she did not take out the summons for a month or a few weeks—I employed Messrs. Parker, Lee and Hammond, of St. Paul's Church Yard, my present solicitors, to defend me at the Sheriff's Court—the prisoner came to me the day after she left, and said if I did not pay her she would sue me—the summons was not taken out for a month, it was heard on the 30th, I went to her house that day—I found twelve or fifteen work girls there, they were doing the identical work that I was, for she stole my patterns; I found them there—I gave her into custody—she showed me all the materials she had there—these (produced) are all my patterns—she did not design any of them, these patterns are cut from large pieces, we sell the cuttings at threepence a pound—the
prisoner has not designed all these patterns, she designed tome and I have designed a good many myself, and so has Mr. Crystal and others; I believe nearly all the young ladies would occasionally suggest a pattern—I do not manufacture the whole of these things nor are they made expressly for me, I buy at Leeds, Manchester, and London, in the open market, other persons may buy similar articles—before the prisoner entered my service I occasionally gave her out things to make; and others did the same, she could not have made a living out of what I gave her, Mr. Crystal occasionally gave things out, and sometimes if I have been in Scotland, my brothers may have done it; I was in partnership with my brothers, but we dissolved in September last.
Cross-examined by MR. METCALFE. Q. When you went to the shop did you find the husband there? A. No, he came there while I was searching the place, and threatened to throw me out of the window—after his wife was taken into custody he followed to the station—he did his best to annoy me—he told me my father was a cobbler; that is no disgrace, it did not annoy me—it is perfectly true, though in justice to my father I should say he was no cobbler, for he made very good boots and shoes—the prisoner was very abusive—I did not give him into custody for that—I never said that I should not have given him into custody if he had not abused me—I did not give him into custody at the shop because the officer suggested we should get him to the station—he was wearing this coat and waistcoat—he was charged with having this coat made out of my materials, and also being in possession of the property found at his house.
MR. LEWIS. Q. Before you gave him into custody had you identified the coat and waistcoat that he was wearing? A. I could not, but some of my people did—this is the coat and waistcoat—the whole dispute between Mrs. Chadwick and myself was whether it was a monthly or a weekly engagement—Mr. Kerr said it was a case of contradiction and he would send it to a jury.
EDWARD CHESHIRE (City Detective 602). On the afternoon of 30th March, I accompanied Mr. Gow to Chadwick's—I said to Mrs. Chadwick that Mr. Gow had told me he had reason to believe she had some of his property in the house, and I more particularly wished to see a velvet jacket which she had worn that day at the County Court—she said, "Oh yes, you can see it;" and she went to a cupboard and brought out a velvet jacket—Miss Reed, who accompanied us, said, "That is the jacket I told you about, it was cut off your materials stolen from your place"—Mr. Gow then gave Mrs. Chadwick into custody—she claimed all the property we found as her own—I then told her I should search the house—I did so with Fawke, who was with me, and took away a portion of the property now produced—I afterwards took away the remainder—the male prisoner came into the room before we searched the house—I told him we were police officers, that Mrs. Chadwick was in custody, and that I should search the house—he became very abusive, and said, "You are a police officer, are you?"—I said, "Yes"—he opened the door and said he would throw me down from the top to the bottom and break my neck—I had to take up a poker to him to prevent his doing it.
Cross-examined by MR. COLLINS. Q. There were a great many persons at work there, were there not? A. Yes, I think they said fifteen—there was a regular trade going on, and a great deal of different sort of materials and machine work going on—I only brought away what the prosecutor
identified, the first time—after we went on a second and third occasion there was very little left, we brought nearly all away—other gentlemen came and looked out their goods that she had been making up for them.
Cross-examined by MR. METCALFE. Q. The male prisoner followed you to the station, did he not? A. He went with me in a cab—I did not hear him abuse the prosecutor at the station—he was given into custody directly he got to the station, first for wearing the waistcoat and afterwards the coat.
MARGARET JOHNSTON . I am assistant to Mr. Gow, and have been a machinist there seven or eight months—I was there during the time Mrs. Chadwick was forewoman—I recognize this brown velvet mantle, I made it, at Mr. Gow's warehouse—I could not say that it was made out of his material—it was made in his time, in his work hours—I was paid by Mr. Gow for making it—when it was made I gave it to Mrs. Chadwick—I made it at her request, she asked me to make it as quick as I could, as it was wanted to send to Mr. Gow in Glasgow—I next saw it at the police station—I recognized the quilting of this black Astracan waistcoat—I quilted it at Mr. Gow's warehouse in his work hours—I was not paid for it by him—I don't remember getting anything for this—Mrs. Chadwick gave me the materials to make it, and after quilting it I gave it to her—I recognize this cloth coat—I made that at Mr. Gow's warehouse, in his hours, Mrs. Chadwick gave me the materials—when I had made it I gave it to her—I also recognize these two children's jackets—I made them at Mr. Gow's warehouse, in his hours—I received the materials from Mrs. Chadwick—when I had finished them I gave them to her—I also made this cape for a cloak, I say the same as to that.
Cross-examined by MR. COLLINS. Q. I believe you were paid by piece work? A. Yes, I was employed to do Mr. Gow's work, but not paid by time—I cannot give the dates when I made any of these things—I can't say whether the children's jackets were made out of little cuttings or remnants—there are no joins in them, it is one piece—I could not be certain when they were made, but I fancy it was four or five weeks before Christmas—this imitation sealskin was made after Christmas—I cannot remember whether any two of these articles were made on the same day—I have made many hundred mantles for Mr. Gow—this brown velvet mantle was made after Christmas—Mrs. Chadwick said she wanted it to send to Mr. Gow at Glasgow—there were not eight of this pattern made, only this one—there might have been several of this shape—I think this petticoat was the last thing I made.
Cross-examined by MR. BESLEY. Q. Do you mean to say that the Astracan waistcoat that Mr. Chadwick was wearing is the one you quilted? A. Yes; I did it for Mrs. Chadwick—she paid me for making the coat—the only things here that I was paid for making by Mr. Gow were these two mantles.
MR. LEWIS. Q. Were all the things you made for Mr. Gow entered in a book? A. Yes—this is the book—this mantle was put down in the book, and I was paid for it by him.
ELIZA REED . I was employed by Mr. Gow, as a workwoman, during the time Mrs. Chadwick was forewoman—I recognize a velvet mantle—the material was given to me by Mrs. Chadwick; it came from Mr. Gow's cutting room—she wished me to make it very nicely, as it was for herself—she told me she had a private connection of her own, and that it was with Mr. Gow's knowledge that she used his materials, and she would allow Mr. Gow a certain per-centage on all materials that she had from him.
Cross-examined by MR. COLLINS. Q. Where were you working before you came to Mr. Gow? A. In Milk Street, for a Mr. Etheridge—I had been out of employment about four weeks—I was introduced to Mrs. Chadwick by Mrs. Stapleton—I was not in distress at the time; I was out of employment—Mrs. Chadwick said she had a private connexion of her own—I don't remember her saying that anything she had made in Mr. Cow's time she paid for—I would not say she did not say—I cannot recollect the dates at which I made the things—there were several persons in the workroom at the time this was said—I could not mention their names—she asked me to put my best work in, as it was for her, and I did so, and it was sent home to her private residence.
MR. COLLINS, on behalf of Eliza Chadwick, here stated that he could not resist the evidence, and that under his advice she would Plead Guilty.
ELIZA CHADWICK— GUILTY .— Fifteen Months' Imprisonment .
MR. LEWIS did not press the case against GRAHAM CHADWICK.— NOT GUILTY .
MR. F. H. LEWIS conducted the Prosecution; and MR. M. WILLIAMS the
DAN GOW . The prisoner succeeded Mrs. Chadwick as forewoman—on the day I searched Mrs. Chadwick's premises I found her there—afterwards, in company with Cheshire, I went to her residence, 56, Oakley Street, Lambeth, and there found this property (produced), which I identified—I only identify it as the same material we are using—there is no special mark on it.
Cross-examined. Q. During the time Mrs. Hall was in your employment, was she entirely under the control of Mrs. Chadwick while she was there? A. Yes, she was.
EDWARD CHESHIRE . I went to 56, Oakley Street, and found this property—I brought it to the station, and showed it to Mrs. Hall, with two duplicates relating to a piece of cloth and some jackets—she said the jackets belonged to her little boy; the cloth was given to her by Mrs. Chadwick; the things that were made up were given to her by Mrs. Chadwick; the pieces of cloth and velvet she had made since she left Mr. Gow.
MARGARET JOHNSTON . I was in Mr. Gow's employ while Mrs. Hall was forewoman, after Mrs. Chadwick had left—I recognize this cloth cloak; I made it; Mrs. Hall gave me the material—I made it at Mr. Gow's warehouse, and gave it to Mrs. Hall—she offered to pay me for it, but I would not accept payment—that was about a fortnight after Mrs. Chadwick had left.
Cross-examined. Q. You made it openly on the premises? A. Yes—Mrs. Hall was forewoman for about a month or six weeks after Mrs. Chadwick had left—she had left the employment when she was given into custody.
LOUSIA LEYTON . I am employed by Mr. Gow as a cutter-out, and was so while Mrs. Hall was forewoman—I believe I cut out this cloth cloak—I cut it out of Mr. Gow's cloth by Mrs. Hall's directions—I gave it to her.
Cross-examined. Q. Do you cut out a good many cloaks? A. No, I cut out mantles; this was the only cloak I cut since I have been in the employment,
and that was for Mrs. Hall—she used to cut out for herself occasionally.
ALFRED MOLYNEUX . I am assistant to Mr. Wharton, pawnbroker, in Westminster Bridge Road—I produce two jackets and a boy's coat, pledged on 28th February, this year, in the name of Jane Hall—I don't know the person.
ALEXANDER CRYSTAL . I am warehouseman to Mr. Gow—I know the cloth produced by Davidson; there is a number on it—I produced the invoice of it at the Mansion House—I have the receive note here—it came on 13th November—this piece is from four to six yards long—this memorandum is in the handwriting of one of our clerks—the cloth went up to the cutting-room—we did not sell it—I recognize this jacket as Mr. Gow's property.
Cross-examined. Q. Do you swear to it? A. No, but I have a strong belief about it, because it is unfinished, and we do not sell jackets unfinished, and it is identical with a pattern that we were making—Mrs. Chadwick had not left our employment then; in the ordinary course of business this jacket would have been made up by her or Mrs. Hall.
MART ANN JARVIS . I am a worker at Mr. Gow's—I recollect Mrs. Hall giving me a parcel after I had been there about a fortnight, I could say exactly when it was; I went there in November—I don't know the contents of the parcel—she said "Carry this down for me, it will look very funny for me to carry it down, being up in the cutting room, but as you are a workwoman it won't matter."
Cross-examined. Q. I suppose you did not think you were doing wrong? A. Of course not, because we have to carry work home—Mrs. Chadwick was in the employment at that time.
ANNIE BOWSER . I am in the prosecutor's service—Mrs. Hall lodged at my mother's at one time, at Harriet Street, Lambeth—while she was in Mr. Gow's employment she has given me parcels, four times I was to wait outside Mr. Gow's door with them for her—I did not know the contents of them—she once sold me a piece of cloth for 3s. 6d., I can't say where it came from—she sold it me at my mother's, and my mother made me a jacket of it—I produced the cloth jacket at the Mansion House.
The Prisoner received a good character. GUILTY. Recommended to mercy — Four Months' Imprisonment .
The following prisoners PLEADED GUILTY:—
489. WILLIAM THOMAS GOAD (31) , to unlawfully obtaining 2l., of Mrs. Griffin, by false pretences, also to endeavouring to obtain 8l., of Henry Thomas Parkin, by false pretences— Twelve Months' Imprisonment . [Pleaded guilty: See original trial image.]
491. WILLIAM WHILEY (22) , to feloniously forging and uttering an acceptance to a bill of exchange for 2,000l., with intent to defraud— Seven Years' Penal Servitude . [Pleaded guilty: See original trial image.]
492. WILLIAM BIRD (31) , to feloniously uttering two forged receipts for 26l. 11s. 5d., and 3l. 2s. 8d., and stealing 4l. 13s. and 3s., of Arthur James Lewis his master—He received a good character from a former master—
Five Years' Penal Servitude . [Pleaded guilty: See original trial image.]
494. THOMAS CHADWICK (19) , to stealing a cash box, seven bills of exchange, and a cheque, valued together 949l., of Joseph Samuel Hodge and another, his masters— Nine Months' Imprisonment . [Pleaded guilty: See original trial image.]
495. FRANCIS BRUNELL (21), and WILLIAM WILSON (19), to a burglary in the dwelling-house of Robert Stephen Couch, and stealing two medals, and 2l. 4s. 9d., his property— Twelve Months' Imprisonment . [Pleaded guilty: See original trial image.]
498. WILLIAM HARTLEY (26) , to a burglary in the dwelling-house of Elizabeth Pearson, and stealing two petticoats and other goods— Nine Months' Imprisonment . [Pleaded guilty: See original trial image.]
MR. STRAIGHT conducted the Prosecution; and MR. PATER the Defence.
CHARLOTTE GREEN . I am barmaid at the Alhambra Palace, Leicester Square—on the evening of 13th May, about 9 o'clock, the prisoner came to my bar and had some lemonade and brandy which came to a 1s., he gave me a half-crown, I gave him 1s. 6d. change and put the half-crown in a glass under the counter; there was no other there—about 10.45 he came again and had some lemonade and brandy, and paid me with a half-crown—I gave him the change, and as Mr. Ashwell was passing I asked him in the prisoner's hearing if he thought the half-crown was good—he said it was bad—the prisoner wanted it back, but Mr. Ashwell would not let him have it, he gave him in charge—I afterwards gave him the other half-crown.
Cross-examined. Q. The man was a stranger to you? A. Yes—I did not hear him say that he was not aware the second half crown was bad, I had not taken any other half-crown that evening—we were not very busy—I had taken several half-crowns for beer, but not for spirits; the money I take for beer I put in a different place—I received a half-crown from two gentlemen last Tuesday night for beer, I put that in the till.
EDWARD ASHWELL . I am superintendent of the waiters at the Alhambra.—Miss Green asked me if the half-crown was bad, I said it was—she said she had received it from the prisoner—I said to him "This is a bad half-crown"—he said "Let me look at it"—I said "No, I sha'n't part with it"—he seemed very anxious to get it—I received another bad half crown from Miss Green immediately afterwards; I gave them both to the constable, and gave the prisoner in charge.
Cross-examined. Q. Did the prisoner say he was not aware it was bad? A. Yes.
SIMSON CARPENTER (Policeman C 81). The prisoner was given into my custody with the two half-crowns—the prisoner said he was not aware that he had two half-crowns—he had a half-sovereign, 10s. in silver, and sixpence in copper, good money.
GUILTY — Nine Months' Imprisonment .
MR. STRAIGHT conducted the Prosecution.
LAURA LAWRENCE . I am assistant to Mr. Rowsell, a draper, of 56, Stanhope Street—on the afternoon of 6th May the prisoner came and paid me 2s. on a dress that she had previously bought—I gave the 2s. to Mrs. Rowsell—about 7.45 in the evening the prisoner came again for a reel of cotton, and paid me with a bad shilling—I saw it was bad, and sent for a constable, and she was given in charge—I gave the shilling to the constable, after marking it.
REBECCA ROWSELL . On 6th May I saw the prisoner give Miss Lawrence two shillings, which she handed to me—after the prisoner had left I looked at them and found they were bad—I afterwards gave them to the policeman.
GUILTY .— Six Months' Imprisonment .
MR. STRAIGHT conducted the Prosecution.
LUCY ABBOTT . I am barmaid at the Charing Cross Hotel Restaurant—on the afternoon of 22nd May, about 2 o'clock, I served the prisoner with a glass of stout—he gave me a shilling—he went out directly I gave him the change—I saw the shilling was bad, and gave it to Mr. Thomas—on the afternoon of 1st June, about 12.30, the prisoner came again and had a piece of pork pie, which came to fourpence—he gave me a bad shilling—I bent it in the detector and told him it was bad—he gave me a good shilling, and asked for the other back—I did not give it to him, but sent for a constable.
WILLIAM THOMAS . I am manager of the Restaurant—on 22nd May, from what Miss Abbott said to me I went to the bar, and saw the prisoner there taking some refreshment—I heard him call for something and saw him tender a shilling—I watched him, and while Miss Abbott was examining it he got behind a pillar, and when he saw she had detected it, he left—I told her to mark it and place it on the safe.
LYDIA HUTCHINGS . I am barmaid at the Restaurant—about three weeks before I was before the Magistrate the prisoner came in for some refreshment, and paid with a bad shilling—I bent it and gave it back to him, and he gave me another for it—I saw him again last Monday, when Miss Abbott served him with the pork pie.
TOM TOBY . I am a constable employed at the Charing Cross Hotel—I was sent for and received the prisoner in custody for passing a bad shilling—he said, "I did not know it was bad"—I said, "You have been here before, have you not"—he said, "No, not for nine years"—he said he had picked up the money at Woolwich, in this purse—I found on him 4s. 2d. good money.
GUILTY .— Nine Months' Imprisonment .
MR. STRAIGHT conducted the Prosecution.
19th May, about 10 at night, the prisoner came up to me in Frederick Street, and said, "Please little boy will you go and get me change for a half-crown"—I said, "Yes"—he went down to Tomkin's beer-shop and gave me a half-crown—I went in and got the change, and gave it to the prisoner—he gave me a penny and told me to go and get it changed, and while I was gone he ran down Salmon's Lane—the prisoner afterwards spoke to me—I am quite sure the prisoner is the man—I knew him by his slippers, his trousers, and his coat.
COURT. Q. Had you never seen him before? A. No—it was near a gas lamp that I gave him the change, it was a shilling, two sixpences, and six penny-pieces—he had black slippers on, light trousers, and a black coat—I did not observe his face at all—I saw him again in about ten minutes, when the policeman had him.
ANN TOMKINS . I keep the Queen beer-shop, in Roadswell Road—the little boy came in for change for a half-crown, and knowing him as a neighbour's child, I gave it him—I gave him one shilling, two sixpences, and six penny-pieces—I saw the half-crown was bad, and sent my little boy after him—I kept the half-crown in my hand till I gave it to the constable—I saw the prisoner in custody about ten minutes afterwards—he had been in my house that afternoon, he came in after a young man who offered me a bad shilling—the prisoner did not have anything, only a lucifer to light his pipe.
JAMES HILTON (Policeman K 253). In consequence of information from Mrs. Tomkins, I sent for the boy Bailey, and he picked out the prisoner from a crowd of about fifty persons standing round—I asked if he could see the man, and he pointed him out, and said, "Yes, that is the man"—the prisoner said, "You must be mistaken"—he had light slippers on, and light socks, light trousers, and a black coat—I believe they were canvas slippers, they were very dirty, you could hardly tell what colour they were—the prisoner said to the boy, "Come up to the light and see if you know me"—I took him to the light and the boy said, "Yes, that is the man"—I searched him and found on him 11¼d. in coppers—I received the half-crown from Mrs. Tomkins—her son first called my attention to the prisoner, and said he believed he was the man, and I took him upon that.
Prisoner's Defence. I was standing at the end of Frederick Street, and was pointed out by Mrs. Tomkins' son, and the policeman took me, and the boy seeing me in custody said I was the man; but I am innocent.
GUILTY .— Twelve Months' Imprisonment .
NEW COURT.—Monday, June 8th, 1868.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
the prisoner came in for half-a-quartern of gin—she gave me a florin—I saw it was bad, and showed it to my father—I told her it was bad, and she offered me another florin, which was good—I gave her change, and she went away—I gave the florin to my father—I had never seen her before—I saw her again, at the police-station, three weeks afterwards—I picked her out from some other women.
Prisoner. I never saw the girl before.
EDWARD HARRIS . On 16th May, about twilight, I was called into the bar by my daughter, who gave me a bad florin—I broke a piece out of it—I said I should not give it her back—the prisoner said she did not require it—she then gave me a good florin—my daughter gave her the change, and I let her go—I saw her afterwards in custody, and gave the florin to the constable—I sent for my daughter, and she identified the prisoner.
LAVINIA MADDISON . I am the wife of Isaac Maddison, a greengrocer, of 14, George Street, Bloomsbury—on 23rd May the prisoner came to my shop, between 3.0 and 4.0, for two pounds of best potatoes, at five farthings a pound, and a penny cabbage—she gave me a bad florin—I said, "You are the party that gave me a bad florin three weeks ago, and this is one again"—she said she had never been in before—I am sure she is the person—I gave the florin to the constable—the one that I had taken three weeks before, I put in the fire, and it melted.
JOHN BURGESS (Police Sergeant E 13). I took the prisoner, and received this florin from Mrs. Maddison—at the station Mrs. Maddison said she had passed a bad florin three weeks previous; and the prisoner said, "Mind what you are saying"—I found 2s. 6d. in silver, and 81/2d. in copper, on the prisoner—I afterwards received this bad florin from Mr. Harris.
Prisoner's Defence. I never was in the place before. I did not know they were bad.
GUILTY .** She was further charged with having been before convicted, in the name of Susannah Phillips, to which she PLEADED GUILTY.— Five Years' Penal Servitude .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
SARAH MILLS . I assist Mrs. Skinner, who keeps a baker's shop and post-office, at 1, St. John Street Road, Clerkenwell—the prisoner came in about 12 o'clock on Monday, 18th May, and asked for 10s. worth of stamps—I told him I had not got them from the chief office, but should have them in the evening—he went away, and came in again between 6.0 and 7.0, and asked again for 10s. worth of stamps—I was going to tear a sheet in half, when he said he would take the whole sheet, which was £1—I handed them to him with one hand, and held the other for the money—he drew the stamps from my hand, threw down some money on the counter, and ran away—I called out to him to stop, and ran out of the shop, but lost him when he turned the corner of the street—I examined the money when I went back, and found one half-crown and eight shillings all bad—I gave them to Mrs. Skinner—she put them in a bag, and afterwards gave them to the constable—I saw the prisoner afterwards, at Marylebone Police Court, with three or four others, and picked him out.
Prisoner. Q. I suppose a great many people come in for stamps? A. Yes—I can swear to you, because I saw you twice, and I knew you again.
ELIZABETH HASTINGS . I keep a stationer's shop with my sister, in Duke Street, Oxford Street—it is also a post-office—on 20th May, the prisoner came in, about 3.30, and asked for 2l. worth of stamps—I gave them to him rolled up—he put some money in my hand and snatched the stamps from me—I looked at the money, and saw there was not 2l. there—he ran away—I called, "Stop, this will not do"—he ran across the road and up Davies Street, with the stamps in his hand—I ran alter him but became faint, and was taken into a shop—when I got better the money was still in my hand—I gave it to a constable—I afterwards went to the station and picked out the prisoner—the constable afterwards showed me the money, it was all bad—there were four half-crowns and ten shillings.
HENRY FENTON . I am a groom, attending horses in Grosvenor Mews—on the afternoon of the 20th May I saw the prisoner running into Davies Street from Oxford Street—I was riding a horse at the time—I saw the man run into the Running Horse—I got off my horse and went into the public-house, and found him concealed behind the bar door as if he was hidings—I dragged him out—he said, "What are you going to do with me"—I led him along Davies Street, where I met some Irishmen and several others, who struck me, and got me on the ground—the prisoner kicked me as well—a policeman came and took him—I never let go of him till they said, "The policeman has got him."
JOHN FRYER . I am postman at the Running Horse—on Wednesday, 20th May, I found 2l. worth of stamps rolled up behind the bar door—it was about 3.45, after the man had come into the house, and had been taken away—I gave them to the constable.
JOSEPH HUGHES (Policeman D 47). I was on duty in Oxford Street, on 20th May—I saw Miss Hastings running after someone—I helped to take her into a shop when she was fainting—she afterwards gave me four half-crowns and ten shillings—she said, "This is what the man gave me"—they were all bad—I put them in my pocket—I afterwards went to James Street, and saw the prisoner struggling with Fenton—I caught hold of him, and took him into custody—there were three or four hundred people there—I took him to the station, where Miss Hastings identified him he said he was not the man—this (produced) is the money that was given to me—I afterwards received these four half-crowns and eight shillings from Sarah Mills.
WILLIAM WEBSTER . The four half-crowns m the first uttering are bad, and are all from one mould—the eight shillings are bad, and three are from one mould—the four half-crowns in the second uttering are bad, and two are from the same mould as the first four—the ten shillings are bad, and from the same mould as the other three—there are eighteen shillings from one mould, and six half-crowns from one mould.
Prisoner's Defence. I received the money for two pads of mackerel I sold.
I went to get a pound's worth of stamps to send to pay for them. I did not know the money was bad.
The prisoner was subsequently convicted upon another indictment for having the counterfeit coin in his possession, with intent to utter it .— Five Years' Penal Servitude .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
CHARLES BUTCHER (Policeman C 37). On Saturday, 30th May, I was on duty in plain clothes in Swallow Street, Regent Street—I was in a public-house called the Goat and Stag—the female prisoner came in and asked for a glass of porter, which was a penny—I saw her give a bad shilling in payment—the landlady tried it in the tester, and told her it was bad—she said she did not know it, and paid with a good one—I then went out and watched for her—when she came out she went up Swallow Street towards Glasshouse Street, where she joined the male prisoner, and they walked on together—at the end of the street I saw the male prisoner's hand go to her, and saw money pass—the female immediately went into a public-house, the male prisoner remained outside—she came out again and they went along Coventry Street together to Leicester Square—I got the assistance of another constable and took the prisoners—I pushed the male prisoner inside a shop and searched him—I found 5s. wrapped in tissue paper, and one half-crown, all bad, in his left hand pocket—he had 7s. 4d. in silver and 1s. 3d. in copper in another pocket, and some pieces of tissue paper—this purse and a good half-crown were found on the female prisoner.
CHARLOTTE CAIN . I am searcher at the Vine Street Police Station—I searched the female prisoner—she said, "I did not know the man, but he promised to put 10s. in my way if I went with him"—she said she knew it was bad.
Bourne's Defence. I picked them up and put them in my pocket.
Humphrey's Defence. I was not aware they were bad when they were given to me.
BOURNE— Eighteen Months' Imprisonment .
HUMPHREY— Twelve Months' Imprisonment .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution; and MR. COLLINS the Defence.
ELIZA SUSAN HARVEY . I am housemaid at the Nag's Head, in the Hackney Road—on 5th May the prisoner came in between 4 and 5 o'clock, and asked for half-a-quartern of gin—she gave me a half-crown—I gave her change, and she went away—I put the half-crown in the till—there was no other half-crown there—about a quarter of an hour after Mr. Cubitt went to the till—I had not left the till and no other half-crown had been put in—he showed me a bad half-crown—on the 7th May I was called into the bar, and saw the prisoner there—I recognized her as the person who had been in before—I said, "On Tuesday you gave me a bad half-crown"—she said, "If I did I took it at the pawnbroker's"—she had half-a-quartern of gin and gave a shilling in payment.
Cross-examined. Q. Did you not say, "If it was not you that passed the bad half-crown it was your sister?" A. No—I am sure of that—I was not quite sure of her before the Magistrate—I have been thinking of it since—there are four tills—I have not taken any bad money before that I am aware of.
WILLIAM CUBITT . I am manager at the Nag's Head—on the 5th May I went to the till and found there a half-crown, a shilling, and sixpence, the half-crown was bad—I put it in my waistcoat pocket till I gave it to the constable—I marked it.
Cross-examined. Q. It was not marked before, was it? A. No, the constable told me to mark it—I took it out of the till about 4.45 and I kept it in my waistcoat pocket till the Saturday—I went to clear the tills and the first I went to had a bad half-crown in it—I clear the tills about once in every half-hour—I cleared it about 3.30 and again at about 4.45.
JAMES MAJOR . I am barman at the Nag's Head—I was present on 5th May, when the prisoner came in—she was served by the witness Harvey—I saw her put a half-crown on the counter—on the 7th I saw her again, she asked for half-a-quartern of four gin—I served her, she gave me a bad shilling—Harvey then came into the bar—I said to the prisoner, "This is a bad shilling, have you got any more"—she said "If it is bad my son gave it to me in the wood yard—I said "Look here, it was last Tuesday you passed a bad half-crown"—she said if she had done so she must have taken it at the pawnbroker's—she was given into custody—the bad money was given to the constable.
Cross-examined. Q. Where did you find the constable? A. In the road, about fourteen or fifteen yards from the house—the prisoner was just outside the door when he took her—I was quite close to the half-crown on the Tuesday where Miss Harvey took it—the prisoner put down the half-crown and then drank her gin, and then Miss Harvey gave her the change—I went before the Magistrate on the Friday—Mr. Cubitt went on the Tuesday week—she was remanded.
WALTER O'CONNOR (Policeman H 205). I was called by the last witness and received the prisoner in charge—she was standing outside the door—I received this shilling from Major—the prisoner said she did not know it was bad—I got this half-crown on the Saturday following from Mr. Cubitt—the prisoner was searched at the station and a penny was found on her.
Cross-examined. Q. When did this happen? A. On the Thursday—I charged her with passing a shilling on that day and a half-crown on the Tuesday—she was not charged with passing the half-crown—I only told her that when she was taken.
Witness for the Defence.
MARY THOMPSON . I am married and live at 8, Cambridge Heath Road—the prisoner is my mother—I remember the day she was taken into custody—on the Tuesday in that week I was at my mother's all day—she was very ill on that day and that was the reason I went there—she did not go out all day and I was there till 11 o'clock in the evening—I am quite sure she never went out.
Cross-examined. Q. What do you mean by "all day?" A. I was there from between 11.0 and 12.0 in the day till 11.0 at night—I never left her,
and she did not go out—she was taken into custody three days after—she was very ill, and has had a doctor attending her ever since Christmas.
COURT. Q. When did you hear of your mother being in custody? A. On the Saturday morning my brother told my sister, and my sister came and told me.
The prisoner received a good character.
NOT GUILTY .
MR. COLERIDGE conducted the Prosecution.
JOHN WYBROW . I keep the Oak public-house, in Oxford Street, White chapel—on Saturday, 22nd May, the two prisoners came in about 9.30, and asked for half-a-quartem of gin and cloves—they both drank it—Shuce paid with a bad 2s. piece—my wife was serving them—she put it to her teeth and bent it—she called me, and I took it and broke a piece off it—I said to Shuce, "This is bad"—she said, "I am not aware of it; I have taken it at a tea-grocer's shop"—I said, "Are you going to pay me?"—she give me a bad half-crown—I sent for a constable, but could not get one, and the prisoners went away—a constable came about 10.20, and I gave the florin to him—the prisoners were afterwards brought back in custody.
JAMES HOLMAN . On Saturday night, 22nd May, I was in the Oak, when the prisoners came in—I heard a dispute about a bad florin—after they went out, I and another person followed them—when they had got a little way I saw them stoop down near some railings; they then went on again—I went to the place and found a packet of coin; there were three florins wrapped in tissue paper—I gave the prisoners into custody, and went back to the Oak with them and the constable—the prisoners said they knew nothing at all about it—I gave the coins to the constable.
Shuce. It was impossible for him to see, for it was in a very dark place.
SAMUEL EARL (Policeman H 126). The prisoners were given into my charge by the last witness, and he gave me three bad florins—I have also got a bad florin which was taken at the Oak—I took the prisoners back to the Oak—they said they had no bad money about them.
GUILTY .— Nine Months' Imprisonment each .
MR. COLERIDGE conducted the Prosecution.
FRANCES JACKSON . I am waitress to Mr. William Pullen, coffee-house keeper, in Tottenham Court Road—on 4th May the prisoner came in and asked for half-a-pint of coffee and one slice, which was 31/2d.—he gave me a shilling—I gave him change, and he went out very quickly—there was a young man with him—I put the shilling on a shelf in the bar by itself—I only noticed that it was new—on the afternoon of the same day he came in again, and asked for half a pint of coffee and two slices—he gave me a half-crown—I gave it to my master, and a constable was sent for—I saw the half-crown tried, and it was bad—my master had tried the shilling that I put on the shelf, and found that it was bad.
WILLIAM PULLEN . I keep this coffee-house—I went into the bar on 4th May, a little after 9.30, and found a bad shilling on the shelf; I put it in a piece of paper—on the afternoon of the same day, the last witness brought
me a bad half-crown—I directly went and fetched a constable, and gave the prisoner into custody—he said, "I will pay you for what I have had; won't that satisfy you?"—I said, "No"—I gave the coin to the constable.
ROBERT FARROW (Policeman ER 39). The prisoner was given into my charge, and I received a shilling and a half-crown from the last witness—I took the prisoner to the station and searched him, and found 3s. 6d. in silver, and 51/2d. in copper, all good money, on him.
Prisoner's Defence. Some young chaps asked me for change for a half-crown, and I gave it to them—I went into the coffee-shop, and she afterwards came and charged me with passing a bad shilling, which I never did do.
GUILTY .— Nine Months' Imprisonment .
OLD COURT.—Tuesday, June 9th, 1868.
Before Mr. Recorder.
MR. PLATT conducted the Prosecution; and MR. SLEIGH the Defence.
WILLIAM WOOD . I am a clerk, living at 6, Gainsborough Road, Mile End—on 9th May, about 1.45, I was awoke by the police—I got up and went into the parlour with the policeman—the front parlour door had not been open for about three months, as we had a couch across it—it was open when I went in, and the couch was across the room—the house was fastened up and the property safe about 9 o'clock the night before—the parlour shutters and the window were open—I missed three table covers, a cruet stand, and a great coat—they were safe the night before—I found on the floor two pairs of sugar tongs, one of which was broken, it was whole the night before—these things (produced) are mine—the value of the property I missed was about 5l.
Cross-examined. Q. I suppose a great deal of violence roust have been used from the appearance of the premises? A. I should think so—I went to bed about 11.10, every thing was safe then—I have not been shown the place where the prisoner was taken into custody, but I know it is at the end of the street—I have made no inquiry as to where he lived—Victoria Park is about half a mile from my house—a person going from Bethnal Green to Victoria Park would not go near my house—it would be quite out of the way.
JAMES HOWLETT (Policeman K 461). About 2 o'clock on the morning of 9th May, I was in the Gainsboro' Road—I saw the ground floor window of the prosecutor's house wide open—I went and woke him up, and he let me in—I found a cruet stand outside the window—the catch of the window had been forced back by some instrument—I should say a knife—the bar of the shutter was slightly bent—I saw the prisoner in company with a female, about 3.40, in the Grove Road—he walked a short distance and I watched him about—I saw him go to the prosecutor's house, and I placed myself in a doorway
and watched him—I saw him come to the area gate at the top of the street, near the prosecutor's house—he got down the area, took up this bundle, and put it under his coat—when he came up to me I stopped him—I took these articles (produced) from under his coat—he said he picked them up only a short distance back—I asked him what he was doing down the area—he said, "I saw the things down there, and I went and picked them up"—I then took him into custody—when he was charged, he said it was a false charge—he asked me not to take him to the station or I should ruin him—I found on him 11l. 5s. 6d., and a bradawl used in his trade I believe, and other things of no consequence.
Cross-examined. Q. How far from the prosecutor's house was it that you saw the prisoner at 3.40? A. About forty or fifty yards—I had not seen the things lying in the area before I saw the prisoner take them—he was on the pavement when I first saw the bundle in his possession—I did not see him pick it up—the cruet stand was outside the window, not in the bundle—he gave a correct name and address—he has been in the service of a gentleman, named Mr. Bunting, for many years—he was living with his wife and family in Cutworth Street.
NOT GUILTY .
MESSRS. METCALFE and SLADE conducted the Prosecution.
WILLIAM LAWRENCE . I live at Rugby—on 25th April I had occasion to send a 5l. note to London—I posted it on the 24th—the number was "70511," date "December 27th, 1867"—I put my initials, "W. L.," at the hack—this (produced) is the note—I put it into a letter and addressed it, "Mr. W. F. Fisher, Clement's Inn, Strand, London, W.C."—I sealed the envelope, and posted it between 9 and 10—in consequence of something I heard I applied to the Post-Office authorities.
WILLIAM COLLINS . I am a clerk in the Post-Office—a letter posted in Rugby in the evening would arrive in London in the morning, and would go first to the West Central Office, if it was directed "W.C," at Holborn.
DANIEL FITZPATRICK . I am a letter carrier at the West Central District Port-Office, Holborn—the prisoner was also a letter carrier in the same office—his walk was the Clement's Lane walk—there are three carriers in that walk—the prisoner, myself, and another named George Smith—on the morning of the 25th we were all three at the office—it was the prisoner's duty to divide the letters for the Clement's Inn walk between himself, George Smith, and myself—Clement's Inn itself was in George Smith's part—I know the prisoner's writing—I believe the writing on this note, "B. Spall," to be his—a good many buildings have been pulled down, and that has lightened the prisoner's part of the district a good deal.
Prisoner. Not one morning out of six do I divide the letters since I have been on that walk. Witness. It is his duty to do so, and he did it on that morning.
GEORGE SMITH . I am a letter carrier, in the same office as the last witness—my delivery is Clement's Inn—I was on duty on the morning of the 25th April—on that morning I should by rights have done 19, Clement's
Inn, but I asked the prisoner to take Clement's Inn for me, and I gave him gome letters for No. 19.
Prisoner. He gave me the note, and asked me to change it for him.
MR. METCALFE. Q. You were present at the police court? A. Yes—I was examined as a witness—on that occasion the prisoner said nothing about my giving him a note—this is the first I have heard of it.
FREDERICK FISHER . I am the son of Mr. Frederick Henry Fisher, and live at 19, Clement's Inn, Strand—I am in the habit of opening letters addressed to my father—on the 25th April, I opened my father's letters—I received no letter from Rugby on that day, containing a 5l. note, from Mr. Lawrence—I never have received it.
CHARLES HUGHES . I keep the Crown public-house, in Winchester Street, Pentonville—I know the prisoner—on Friday or Saturday afternoon, the 24th or 25th April, I, about 3 o'clock, changed a 5l. note for him—my wife was serving in the bar—I got the cash, and saw my wife give it to the prisoner—my wife is not able to come here to-day, she is very unwell—I saw the prisoner's writing on the note at the time—this is the note—I paid it away to my distiller—I received a communication afterwards.
GIDEON CROCKER . I am a police officer attached to the Post-Office—on the 6th May I went to the house of Mr. Fisher, and in consequence of what I was told, I took the prisoner at the General Post-Office the same morning—he was asked if he had changed a note at Mr. Hughes'—he admitted that he had, and said that he had put his name on it—the note was shown to him, and he said that it was the one he had changed—he was asked where he got it from, and he said he got it from Uncle Mantle, about a fortnight or three weeks previous, and he changed it for him—he said that Uncle Mantle lived somewhere in the Barnsbury Road, but he could not remember the number—he did not say be got it from George Smith—I found Mr. Mantle that evening, and saw him on the subject.
JOSEPH MANTLE . I live at 89, Barnsbury Road—I was formerly in the Post-Office—I now have a pension from them—I have known the prisoner and his family some years—he has been in the habit of calling me uncle, but I am not related to him—I assisted in getting him into the Post-Office—I did not give him this 5l. note—I never saw it till the officer showed it to me.
COURT. Q. Did you give him a 5l. note to change about that time? A. He changed one for me about Christmas—I think it was before Christmas.
Prisoner's Defence. I told the officer first that Mr. Mantle gave it me, and I afterwards corrected the statement: it was given me by George Smith, the letter carrier, to change for him. I got change, and took it home with me. I met Smith on my return to the office, and gave him four sovereigns and two half-sovereigns. If I had stolen the note I should not have put my name to it.— GUILTY .— Six Years' Penal Servitude .
MR. STRAIGHT conducted the Prosecution; and MR. W. SLEIGH the Defence.
JOHN KING . I am a cashier in the City Bank, Threadneedle Street—on the 4th April Mr. Cave kept an account at that bank—I cannot tell what his balance was—on that day this cheque was presented—I cannot remember by whom—I paid it in four 5l. notes, and 16l. 15s. in cash—the numbers of the notes were 18697 to 18700—four dated 16th January, 1868—these
(produced) are two of the notes—the cheque was presented about 2 o'clock—I cannot say the time exactly—the writing on the cheque is a very good imitation of Mr. Cave's writing—it was good enough to deceive me.
Cross-examined. Q. Have you looked to see what Mr. Cave's balance is? A. No; not myself—the amount of the cheque is 36l. 15s.—that is a little more than his balance, I think—we have refunded the money to Mr. Cave, I believe, within a little, and it has been drawn out—he has a small balance at the bank now—I can't say who it was passed the cheque—I should be sorry to swear to anyone—I have seen the prisoner in the bank—I can't say that I know him very well—I don't remember seeing him on Saturday, the 4th April—I have not said before that I could identify the man who passed the cheque.
RICHARD THOMAS WOOD CAVE . I am a civil engineer, and have an office at 9, Liverpool Street, City—a Mr. Hammond has the office, and I am his clerk—I keep an account at the City Bank—I had an account there on the 4th April—the balance at that time was somewhere about 36l.—the prisoner has been in my service since the 4th December—I kept my cheque book locked up in the top drawer in my desk at the office—I cannot say when I last saw it safe except from the last cheque that I drew, that was on 28th March—my desk was safe on Friday, 3rd April—I left that evening and returned to the office about 5 o'clock on Saturday the 4th—I found the drawer of my desk broken open—the first thing I looked for was my cheque book and I missed it—I afterwards went to the Bank and this cheque for 36l. 15s., was shown to me—it is not my signature, or in my handwriting, or written by my authority—the cheque was taken out of the cheque book which was locked in my drawer—the prisoner was not at the office when I got there—I saw him on the Thursday before—on Monday the 6th, I met him at Mr. Mullens' office—he had an interview with Mr. Mullens, but I did not hear it—I believe the endorsement at the back of these two 5l. notes to be the prisoner's handwriting—he never said anything to me about having changed two 5l. notes.
Cross-examined. Q. You have known the prisoner for some time? A. Yes, for some years—his mother was a very respectable person—I resided in her house, for some time—the prisoner was employed in the Crystal Palace for some time, in a position of trust—I have had conversations with persons about this matter—I did not think Henderson capable of doing it, and I think there is a good deal of mystery about it now—I could not say that the signature on the cheque or the filling up is in his writing—I would not like to say it was or was not—he was at the office on the Monday and during the rest of the week—I have sent him to the bank with money, since the cheque was presented—that was to show my friends that I did not think he was the person who did it—in the desk where the cheque book was there were three pawn tickets for 1l. each, for property of the value of 50l.—I believe the prisoner knew that—I found them safe in my drawer—I might have remarked that if Henderson took the cheque he would have taken the tickets, as he knew he could get more money on them—I told him before he was in custody that the man who changed the cheque had received a 20l. note—Mr. Hammond is not in England, and has not been for some time—there have been brokers in with regard to Mr. Hammond's pecuniary difficulties.
MR. STRAIGHT. Q. Was a communication made to you as to the way the
cheque had been paid? A. Yes—on the 6th I had an interview with the manager—I have had the money back from the bank.
RICHARD MULLENS . I am the solicitor conducting this prosecution—I was instructed on Monday, 6th April—after I saw Mr. Cave I expressed a desire to see the prisoner, and he came to me between 12 and 1 o'clock—Mr. Cave was then in another office—I told the prisoner that a forged cheque had been passed at the City Bank on Saturday afternoon, that I had been told that he was the last person in the office, and I asked him to give me an account of where he had been, and what he observed when he had been in and out of the office, during the day—I told him also the cheque had been paid in four 5l. notes, and I put a great many questions to see if he could throw any light upon it—he said he had been there early in the morning, that he went out for a few minutes and returned, and went out again about 11 o'clock, he came back at 1 and left at 1.30—he told the housekeeper that if he was not back in a few minutes he should not return that day—the matter then rested for about ten days, till the notes came in, and we traced them—I sent again for the prisoner on the 20th—he was brought to my office by the officer—I then showed the prisoner the two 5l. notes, and pointed out the name and address on them, and asked him if he knew the handwriting, he said "No, he did not"—he turned the notes over and handed them back to me, and said he had not seen them before—I then sent for Mr. Dixon—he was waiting, in another room—I showed him a note, and asked if he had received it in payment for some articles of clothing, and if he would know the person from whom he received it—he said yes, the prisoner was the person—the prisoner said "No you are wrong" or "You have made a mistake"—Mr. Dixon said "I have made no mistake, I saw you write that name and address"—the prisoner said "That is not the note I gave you, Mr. Dixon"—"Oh yes it is, I am quite sure"—I asked the prisoner if he had any further explanation to give, he said nothing whatever—I then gave him into custody.
Cross-examined. Q. Did you tell him who you suspected? A. No—I had no suspicion against him—the prisoner asked me why I was putting questions to him, and I said, "Mr. Cave has been to the bank, and a forged cheque was paid on Saturday, his desk was broken open," and I told him the whole of the circumstances; and I said, "The reason I ask you questions is because I was told you were the last person in the office"—I was not examined as a witness at the Police Court, but I was conducting the prosecution—when I wanted him I sent to Mr. Cave's office—I did not see him between the 6th and 20th.
ANTHONY WILSON MONGER (City Detective 848). On Saturday, 4th April, between 6 and 7, I was called to the office of Mr. Cave—I found the drawer of the writing table open about four inches—it had been forced open and the lock was shot—it had been forced by a small screw driver or chisel—there were a quantity of postage stamps in the drawer—there were three or four other drawers in the table, unlocked—on the 20th I was at Mr. Mullens' office—I heard the conversation between Mr. Mullens and the prisoner—on Tuesday, 21st April, I took the prisoner to the Mansion House—on the way there he said, "I am very sorry I changed those two 5l. notes—I acknowledge it is my endorsement on the back of them, and I changed one of them at the tailor's—I had them in my pocket when I went to Mr. Mullens' office—a young man, a stranger, dropped a letter into
the letter-box, addressed to me—I opened the letter, it contained two 5l. notes, and requested me to destroy the letter, and I did so"—he said, "I understand that there was a 20l. note and one 10l. received in exchange for the cheque, Mr. Base told me so"—he also said that Mr. Base was coming up the stairs when the young man passed him, and he must have seen him—Mr. Base is chief clerk to Mr. Mullens—Mr. Cave's office is on the first floor—there is a letter box by the side of the door in the wall.
Cross-examined. Q. The street door is open, is it not? A. Yes, during office hours—it was not open when I went up.
SUSANNAH GREEN . I am the wife of Edward Green, and am housekeeper of No. 9, Liverpool Street, City, where Mr. Cave's office is—on Saturday, 4th April, the prisoner came to the office a few minutes after 10—Mr. Hammond had three rooms—the prisoner is in the habit of sitting in the front room, that is the room into which the door from the passage opens—there is a letter-box by the side of that door—I gave him the key of the office when he came—he left soon after and gave me the key—he came back about 11—he went out soon after 11, and I took the key of him then—he said he should be gone about an hour—he came back about 1.0—he went out again about 1.30—he then said he might return in a quarter of an hour, and if not he should not be back again—he did not come back again—he always went earlier on Saturday than any other day—I did not close the outside door till 3.30—I was in the house all day—it is a five storey house—I live at the top of the house—there are other offices there—Mr. Cave came to the office about 5.0 on that day—I did not examine the door after the prisoner left—I had not been down.
Cross-examined. Q. Previous to the 4th April there was a stranger tried to induce you to let him go to Mr. Hammond's room, was there not? A. Yes, twice, stating that he had Mr. Hammond's authority—I have not seen him at the office since the 4th.
Cross-examined. Q. You and your sister were in the different offices during the day, were you not? A. Yes—we were up and down stairs two or three times during the day.
Cross-examined. Q. Did you lock the door when it was found to be unlocked? A. No—I took the key up to my mother's room—I had laid it on the desk on the ground floor—that was about 4.30.
COURT to RICHARD CAVE. Q. Did the prisoner know what the exact state of the account was on 4th April? A. He had full opportunities of knowing—I used to send him for the pass book, and he could have seen—I can't say when he saw it last, or when it was last taken to the bank.
NOT GUILTY .
MESSRS. F. H. LEWIS and WHITAKER conducted the Prosecution; and MR. GRIFFITHS the Defence.
JOHN KIBBLE . I am a clerk in the Chief Registrar's Office of the Court of Bankruptcy—I received the petition of adjudication which is attached to the proceedings—I filed it on 27th February, 1868—it purports to be attested in the ordinary way.
JAMES RIGG BROUGHAM . I am one of the registrars of the Court of Bankruptcy—on 27th February I administered the oath to the defendant to this affidavit, and I adjudicated him a bankrupt on that same day. (The London Gazette of 28 th February was put in, in which the defendant's bankruptcy appeared.)
ALFRED PAGE . I am assistant to Mr. Austen, the messenger of the Court of Bankruptcy—I have produced the proceedings in the defendant's bankruptcy—I have his examination on 27th February. (Read: "I rent house, 152, Old Kent Road. Stock 500l.; assets, about 600l.; furniture, 10l. The bulk of my furniture was taken, on Wednesday, 25th February, under bill of sale given to Mr. Lewis, of 10, Victoria Road, Peckham, for 100l. Fixtures cost 150l.; I think would fetch 50l. I have no other property. Rent, 24l.; one quarter. Landlord not in; no sheriff in, and no accountant. My books at home; no cash. Mr. Lewis came in on Tuesday night last, and at once took away the furniture, except about 10l. worth; what he took away cost me about 120l. I paid the money away, 60l. to Mr. Parker, of Collebore Villas, Denmark Grote, Peckham, secretary to the Metropolitan Water Supply Company. No cash, and no property but my stock.")—After the adjudication, one of our men went to the defendant's house and took possession; that was on the 27th—on the 29th I got a search warrant, and, in consequence of information, Went to No. 30, Heygate Street, Walworth Road, where I found a quantity of stock and furniture—the defendant said he had removed it from his place; that he had been badly advised, and he wanted to make a clean breast of it—he assisted me in the execution of the search warrant.
Cross-examined. Q. The information you received, which led you to Heygate Street, was from the defendant himself, was it not? A. I believe it was—he went with me and rendered me every assistance in discovering everything—the value of the property discovered there was, I should say, speaking roughly, 40l., 50l., or 60l.
EDWARD LEWIS HILL . I am a clerk in the Queen's Bench Office—I produce a copy of a bill of sale between Jonathan Cook and George Lewis, registered in February, with an affidavit of its execution—on 21st March a search was made to bespeak a copy of the bill of sale, and the affidavit was afterwards missing.
ALBERT TURNER . I am a member of the firm of Sole and Turner, solicitors to the assignees—I was first consulted about this matter on 29th February, on the part of the creditors—I first saw the bankrupt at a meeting of the creditors on the 29th; Mr. Croft, his solicitor, was present—the bankrupt was asked questions by me as to his property generally—he was first asked with regard to his debts, and particularly as to a debt he owed Mr. Parker, in the list of creditors, 65l.—it was written upon an erasure of 50l., which excited some suspicion in my mind, and I asked him whether he really owed
the money—he hesitated, and said that he did not owe the money, or words to that effect—I then pressed him, and said, "Have you given up all your property to the messenger or creditors?"—he said, "I suppose I may as well tell the truth (looking at Mr. Croft); I have not done so"—he was further pressed, and he said that he had made this bill of sale to Mr. Lewis, and that the furniture had been removed, all excepting about 10l. worth—he also said that part of the stock had been removed at the same time—I understood from him that there had been no consideration for the bill of sale—upon that information we applied for a search warrant, which was granted—he said he had been badly advised—I asked him who drew up the bill of sale, and he said, "Mr. Stanley, a solicitor"—he also referred to Mr. Parker, who was secretary to some water supply association.
Cross-examined. Q. This information that you received from him was at a meeting of the creditors? A. Yes—a great many persons were present; one of the largest creditors, Mr. Bouch, was in the chair—the bankrupt attended the meeting readily—it is usual to cross-examine at these meetings—I have had some experience in cross-examining—I found what he stated was correct, as to the place where the property was—I don't know, personally, what amount of property was found there; I have heard—I think his debts amount to 2000l., I won't be sure—(referring to the proceedings) the total liabilities unsecured are put down at 1266l.; the total assets are 510l.; deficiency, 756l.—this is the official assignee's report, which has the seal of the Court, "Furniture, 40l.; stock in trade, 355l.; other property, 145l."—I have no doubt the lease is included in that 145l.—the prisoner makes his deficiency 736l., and the official assignee 756.—he has passed his last examination, and has an allowance of 3l. per week—the assignee gave that allowance, and I consented.
COURT. Q. Is there any account of the realization of the assets? A. No; but I think you may take them as good assets.
CHARLES STANLEY . I am a solicitor—I am on the Rolls, but not certificated—I am clerk to a person named Parker, who is secretary to the Metropolitan Water Supply Association—I am a director of the company—I knew the defendant some weeks previous to his bankruptcy; I was introduced to him by Parker—after being introduced to him I prepared a bill of sale from the bankrupt to a person of the name of Lewis—I prepared it by Mr. Cook's instructions—I did not see the grantee under that bill of sale, or ask to see him—I told Mr. Cook I would procure him some money to get him out of his difficulties, to carry him over the March quarter—I drew the bill of sale—it is destroyed—I destroyed it after he was made bankrupt, and I found it was not available—it was registered on the same day that he became bankrupt—I believe I destroyed it on the Monday following—the 27th was on a Thursday—I tore it up and put it on the fire, at 2, Bream's Buildings, Chancery Lane—it had been left there since 10th February—that is Parker's office, the office of the Water Supply Association—I saw no consideration money paid for it, nor did I see any grantee—I filed it myself, and with it an affidavit—I attested the execution of the bill of sale—I know Mr. Lewis—I had known him for many years—this (produced) is a copy of the bill of sale—(This was dated 10th February, 1868, and was an assignment by Jonathan Cook, of 152, Old Kent Road, Draper, to George Lewis, of 10, Victoria Road, Peckham, of all his goods and utensils named in a schedule, in consideration of a sum of 100l., to be repaid by half-yearly payments, with interest at the rate of 15per cent.)—there purports to be a
receipt of money from Lewis, signed by Jonathan Cook—I presume that I saw him sign that, if it is there—I have not the slightest doubt I did—I was to get the money for him under the bill of sale—I did not see the furniture—the schedule of the goods was furnished to me.
Cross-examined. Q. You know, do you not, that Mr. Lewis does advance money on many occasions? A. I have known him more than twenty years, and I have had many hundred pounds of his through my hands—Mr. Parker is here to-day: he was before the Magistrate—I don't think he has been before the Grand Jury—the prisoner told me that if he could get some money he could still go on with his business—I then told him that I could get him some money upon a bill of sale—I had not the slightest doubt that Mr. Lewis would have done it—I had known about the prisoner's affairs for some time before—he was very desirous indeed to go on with his business, and objected in every possible form to becoming a bankrupt.
MR. LEWIS. Q. Why did you not communicate with Mr. Lewis, whom you had known for twenty years, about the 100l. from the time you received the instructions to the time of the registration? A. I thought it was quite time to apply to him when the money was wanted: it would not have been wanted till the 4th March—I knew that no money had passed, and that Mr. Lewis had not been seen on the matter—I had not seen him.
COURT. Q. You were the person to see him? A. I was the person to get the money from him—I did not know of the removal of the property till the Monday morning—the date appears on the bill of sale, 10th February, that was when it was executed—I registered it, I filed it—when we came back from the registration we found that he could not possibly get over April, and we thought it was advisable for him to become a bankrupt: I thought so—I did not discover that, he could not get over the April month till after we had registered the bill—I discovered that within half an hour, a debt of 200l. was disclosed that we had never heard of before; a sum of 200l. we imagined to be going into his business, instead of that it would have to come out of it—the amount of his debts had been placed before me before the amount that was coming due on the March months, and when we came back from registering the bill of sale I learnt what was to be carried on in the April months—there were persons pressing him at that time, I really forget who—I will undertake to swear there was a creditor pressing him.
GEORGE LEWIS . I am an auctioneer and money agent, carrying on business at Victoria Road, Peckham, and Fore-street—I did not know the defendant on the 10th February—no one had spoken to me about this bill of sale—I was not aware that I had become the transferee of furniture from the prisoner until the 27th, not at the time of the execution of this bill of sale—I never advanced any money to the prisoner or Stanley on that bill of sale, not a shilling; nor upon any furniture—I first knew of the bill of sale on the 27th—I than saw the defendant and Mr. Parker together, and they apprised me that such a thing had been done; they said a bill of sale had been made in my name and registered—I felt very much annoyed at the time, and said I thought I ought to have been consulted on the matter before they did such a thing as that—Parker then said that Cook had become a bankrupt on that day, and that I should be required to attend at the Bankruptcy Court—I asked what for—they said this bill of sale having been made in my name they wished me to represent to the assignees, or some one there, that I had had consideration for this property; that I had in fact advanced money—they said
no more to me as to what I was to say, they went away; they were not there above five or six minutes—I did not say that I would or would not attend, I said nothing at the time they came to me—I said, "No; at any rate I will meet you to-morrow at the Bankruptcy Court—I went there—I saw five or six persons there, Cook, Parker, and several others—they said nothing to me at that time—they had a consultation between them, and I then heard there was going to be a meeting of creditors on Saturday morning—on the Sunday Cook and Parker came to my house, Cook then told me that he had explained everything to the assignees, that he had made a clean breast of it, and given up everything.
Cross-examined. Q. You do sometimes lend money, do you not? A. Some hundreds, I have done—when they came to me in the first instance they did not ask me to advance them the money, they only told me they had made a bill of sale in my name—I said they might have consulted me first—I said if they had consulted me I would have lent then 100l.; if they had put sufficient property in my hands I would lend them from 100l. to 500l.—the first interview I had with Mr. Cook was on Thursday evening, the 27th, about 8 o'clock.
WILLIAM EDWARD BUTT . I live at 30, Heygate Street, Walworth Road, and am a traveller in Messrs. Dak in's employment—I have been acquainted with the defendant about eleven years and a half—on Monday, the 17th, his wife came to me, and I let her three unfurnished rooms—I did not see the defendant till the Tuesday week following; I went to his house that night—I did not remove any furniture and stock—I was smoking a pipe with Mr. Cook, I saw them removed—I did not accompany the goods to my house—I knew they were taken there—they remained there something like three or four days—I was not living there at the time—it was a house had taken but not occupied—I am now occupying it—I was living in another place at that time—I was going to occupy it some days prior to quarter-day—I did not see Cook for some days after the Tuesday evening—I was not present when the goods were removed under the search warrant—I never saw the goods afterwards.
Cross-examined. Q. How long were the goods in your house? A. I think they were removed on the Monday, they went in on the Tuesday—Mr. Cook cabled on me before the search warrant, and told me that he had been at a meeting of creditors, and had made a clean breast of it, and given up everything that he possessed in the world.
Cross-examined. Q. What was the value of the stock he had got? A. 615l. altogether, at cost price—the property that came back was 42l. some odd shillings—that is included in the 615l.—I know nothing about the lease.
Witness for the Defence.
JOHN BOUCH . I am a general merchant—I have known the prisoner for some years, I am one of the trade assignees under his estate—I have heard that he has a wife and children—I have dealt with him to a considerable amount—I think I have not always found him regular in his payments—I think I have assisted him lately, and would have done so again—I did not find him more regular in 1866 than up to nearly the last, about the same up to the very last; I was surprised at his failing—Mr. Croft, his
solicitor, called on me on the 28th and had a conversation reference to this matter, and at my suggestion a meeting of creditors was called for the next day—the prisoner appeared at my suggestion, or Mr. Croft brought him—a search warrant was granted upon his information, and we got possession of these goods—I believe he has now given over everything he possesses to the creditors—I can't say that he voluntarily stated to the creditors what he knew about the matter; he did state it
Cross-examined. Q. Was it not under pressure? A. I should certainly say so—he made use of this expression, that ha had been badly advised; and I wish his bad advisers were there instead of himself.
GUILTY. Strongly recommended to mercy by the jury, and by the assignees. — Two Months' Imprisonment .
NEW COURT.—Tuesday, June 9th, 1868.
Before Mr. Common Serjeant
MESSRS. STRAIGHT and GRAIN conducted the Prosecution.
JOHN PITT . I am a cheesemonger, at 5, Farringdon Road—on 4th May Rodgers came into my shop about 12 o'clock for two pennyworth of cheese, he gave me a shilling in payment—I gave him the change and put the shilling in the till, there was only a florin there—after he left Brown came in for a rasher of bacon, and gave me a shilling—when he left a constable came in and spoke to me—I went to the till and found two bad shillings—I crossed the road to speak to the constable and saw the two prisoners together, at the corner of Farringdon Street—as soon as they saw me speak to him they walked off down Farringdon Street—Brown came in again on the 14th of May for two pennyworth of cheese—he paid me, a bad shilling—I sent for a constable immediately and gave him into custody, and gave the three bad shillings to the policeman Holt.
Brown. I was only in the shop once, that was on the 14th. Rodgers. Q. How many times did you see me altogether? A. I saw you in my shop once—I next saw you at the Smithfield Police Station.
CHARLES HARDINGHAM (City Policeman 326). I was on duty in Holborn on the 4th May, and saw the two prisoners there in front of the Farringdon Road—Brown left Rodgers and went into Mr. Pitt's shop—he came out again and joined Rodgers at the foot of Snow Hill—I afterwards went into Mr. Pitt's shop and said something to him—the two prisoners then Walked away very quickly—I saw Rodgers on the 14th—I saw Brown in custody and looked for Rodgers—I found him in Smithfield and took him to the station—I went for Mr. Pitt, and he said he was the man who uttered the counterfeit coin on the 4th—I found 1s. 1d. on him, six sixpences, and 1s. 3d. in copper.
Rodgers. Q. Did you see me with Brown on the 14th? A. No—I found you about ten minutes after Brown was in custody—you were coming near to the prosecutor's shop.
Brown's Defence. It is no use to say anything.
Rodgers' Defence. I was never in the shop more than once, and that was on the 4th of May.
GUILTY .— Eighteen Months` Imprisonment each .
MR. LILLEY conducted the Prosecution.
WILLIAM ROGERS . I live at 13, Doris Street, Lambeth, and am a porter out of employ—on 29th May, about 9.20 a. m., I was at the foot of West-minster Bridge by the House of Lords, and saw the prisoner pull off his coat, throw it on the pavement and instantly jump over the parapet into the water—the tide was running out and was very low—I ran to the other side of the arch and gave an alarm, someone in a steam boat threw out a life buoy to him—I hailed a boat, he was picked up, and I walked to the hospital with him and a Thames Policeman, where he remained till the following Tuesday—I told the policeman what I had seen, but the prisoner said nothing that I heard—he was able to walk.
WILLIAM MAY (Thames Policeman 83.) I was near Westminster Bridge in a steam boat, and saw a man in the water, I ran for the life buoy and threw it to him—he just touched it with his fingers; I slipped the boat, got a hitcher and got hold of him with it—the whirl of the arch caused him to be straight up in the water—I got him on board the steamer, he appeared very weak and exhausted—I asked him where he belonged to—he said, after a few minutes'rest, "Covent Garden"—he sat on the deck of the steamer to rest; I blew a whistle for the police galley, and we rowed the prisoner to Westminster Pier, and he walked to Westminster Hospital about 10 minutes afterwards—I said nothing to him or he to me about why he had thrown himself into the water.
COURT. Q. Did you give him up to the doctor? A. We were not allowed to leave him; I had the first watch, and did my duty time there.
JOHN BULL (Police Inspector L). On the 30th June, 1864, the prisoner was charged in my presence at the Hammersmith Police Court, with attempting to drown himself, by throwing himself from Hammersmith Suspension Bridge, he was suffering from delirium tremens—it is usual when a person is taken to the hospital in custody to have somebody to watch them.
THOMAS SCOBLE . I know the prisoner well; he works for Messrs. Bell, of Covent Garden, in whose employment I am—I am prepared, on their behalf, to say that they esteem him so long as he keeps sober, and that they will take him back again—he has been there several years—he has been rather addicted to drink, but has been very sober for the last four years, until very recently—some four years ago they made him an offer of 5l. if he would keep sober for twelve months; he did so, and got the money, but latterly he has indulged in drink again.
Prisoner's Defence. I know nothing of it more than a child unborn.
GUILTY .— To enter into his own recognizances to appear and receive Judgment within twelve months, if called upon .
MR. DALY conducted the Prosecution; MR. M. WILLIAMS appeared for Saunders and MR. F. H. LEWIS for Price.
THOMAS HYAMS . I am a bricklayer, of 23, Peter's Road, Hounslow, and am also employed as watchman to a gentleman in the City Road—I was on duty, on the Saturday morning of this robbery, about 6.30—I do not know the day of the month, or the year—I saw a man come out of the tailor's shop—I do not know the name—I have seen the man about the City Road—Fisher is the man; that is the short prisoner, Price; he put some stuff in a truck; I did not notice what it was; it was in a bag—1 do not know what became of the truck.
Cross-examined by MR. M. WILLIAMS. Q. Are you a bricklayer in the day, and a watchman at night? A. No; I go to bed in the day.
WILLIAM MILLER (Policeman G 148). On 25th April I went to 152, City Road—the inside door was broken open, and the shop was stripped of everything—one door had been opened with a skeleton key, and two doors had been forced by a crowbar—everything was gone—I took Saunders on Saturday night, 25th April, and told him it was for breaking into 152, City Road—he said, "You will have to prove it"—I said "It is not for me to prove; Hyams, a watchman there, who is half silly, tells me that he saw you; he knows you very well by cleaning the lamps at Kean's public-house, and for that you will have to go to the station"—I took Price on the 27th, coming out of Mr. Wyld's beer-shop—he said he should not go with me, and made a desperate blow at me, and said, "I was minding my master's place, Mr. Wyld."
HENRY CHAPMAN . I am a carman, of 16, Bath Buildings—on Saturday, 25th April, about 6.15, 1 saw a truck outside a public house near the prosecutor's premises; some scaffold boards and steps were by it—three men were with it; Price is one of them—I know both the others, but they are not caught—when I got to the shop door, a man brought a black bag out—I looked at him; he seemed not to know what to do; I still looked at him, and Price motioned to him not to bring out the bag, but he did, and chucked two or three whitewash pails down—I told a man what I saw, and sent him to tell my governor that I should not be there—two bags were put on the truck, and they covered the scaffold boards over them.
Cross-examined by MR. LEWIS. Q. When did you next see Price? A. the Monday, at his master's, the beer-shop at the corner of Lyall Street—I had never seen him before the morning in question.
MR. LEWIS called—WYLD. I am the wife of John Wyld—we kept the Prince Albert beer-house on 24th April, but do not now; it has been sold a month—Price has been in my husband's service nine months, and was so on 24th and 25th April—he slept in the house on 24th April, and left about 8.30 on the 15th—I know that, because we were moving, and he had not slept there before—he slept at our house all that week, and on this morning he went with my girl, Ellen Aylward, to open the beer-house, and at 11 o'clock he brought her back to me.
COURT. Q. Where is the public-house? A. 10, Prover Street, Hoxton—I do not know 152, City Road, but it is very close to it.
Cross-examined by MR. DALY. Q. When did you keep the Prince Albert! A. From 16th May, 1866, to 29th April, 1867; we then sold it up, and were moving—I have heard that the 25th was the day of the robbery—we left four days afterwards, the 29th—I told the inspector that the prisoner was sleeping at our house at the time—I did not go before the Magistrate, I was not asked—I visited the prisoner in prison, and he asked me to come here—he asked me if I remembered that he slept in the house, and I remembered it, because we were moving, and because of his going with my little girl—he asked me if I remembered that.
COURT. Q. Are the two houses close together? A. No; we were nearer to the Barnsbury Road, and the prisoner slept in Barnsbury Road on the night of the 24th, in the kitchen.
MR. LEWIS. Q. Did you see him go to bed? A. No; my husband did—he is not here, but my girl is who called the prisoner up—he came home at 12.30, and went to bed at 1.30—he had his supper with us—his bed was made in the kitchen, and we left him there to go to bed—the kitchen was then locked, so that he could not get out—my husband looked it, and the prisoner really could not get out: if he had got out he could not get in again.
COURT. Q. Why not? A. He could not get up the grated area which is down below—we always lock the doors when we go to bed—that was not the first time he had slept there, he had slept there from Tuesday—he was locked in every night, and Sunday night too—the key was not taken out of the lock, it was left in the door outside by my husband, and we went into the hack kitchen—we slept in the back parlour.
ELLEN ALYWARD . I am 14 years old, and was servant to Mr. Wyld, at the Prince Albert, Prover Road, Hoxton—I slept at the Barnsbury Road on this Saturday—I remember my master moving from the Prince Albert—it was on a Tuesday—the prisoner slept at the house in Barnsbury Road—I heard of the robbery when the prisoner was taken on Monday night, he had slept at Barnsbury Road two or three nights—I remember 24th April, it was the Friday, and he was taken on the Monday—he slept that night on the hearth rug, in the kitchen at Barnsbury Road—I called him at 7 o'clock on Saturday morning—the door was locked then—it was bolted as it was left at night—he opened the door to me, and I saw him—he was undressed as he had come out of bed.
Cross-examined by MR. DALY. Q. Had he slept often there? A. Three nights, he was taken on the Tuesday morning—I knocked at the door to wake him up, and he came and opened it—that was on the 25th—I was first spoken to on Tuesday morning about coming to give evidence.
MR. LEWIS. Q. Had you done anything to the door before he opened it? A. No; I only knocked at it—I took no key down with me when I went.
SAUNDERS.— NOT GUILTY .
PRICE.— GUILTY . He was further charged with having been before convicted at Worship Street, in December, 1861, when he was sentenced to One Months Imprisoment, to which he PLEADED GUILTY.**— Eighteen Months' Imprisonment .
WILLIAM WRIGHT (Brighton Policeman). I produce a certificate—(Read: "John Dolly, convicted at Brighton, August, 1866, of stealing a pair of opera glasses.—Confined Four Months")—I was present—the prisoner is the person; he was in my custody.— GUILTY .— Twelve Months' Imprisonment .
Recommended to mercy by the prosecutor. Nine Months' Imprisonment .
MR. METCALF conducted the Prosecution.
JOSEPH HENRY JACKSON . I am a merchant, of Enfield, and am one of the trustees of the prisoner's marriage settlement—my co-trustees are Mr. Drinkwater and Mr. Jordan—it is for the benefit of the wife first, who has separate use, then to the husband, and then to the children—the prisoner has applied to us from time to time to alter it—he filed a Bill in the Court of Chancery, which we answered; after that he sent letters from time to time without threats, but of an angry nature—I afterwards received this letter (produced)—I know the prisoner's writing—it is his writing, but it is not signed—I heard him admit writing it, at the Mansion House—I am the person to whom it is written—I have received other letters from time to time, and have been the subject of other threats—(The letter was addressed Joseph Henry Jackson, dated 25th April, 1866, and contained the following expressions) "Although this letter is addressed to you, it is intended equally for your co-trustees. My wife distinctly stated that she would not oppose me, whether she approved of my course or not. I have to tell you that if you do not withdraw from the trusteeship of my marriage settlement, you must make up your mind to go further, and apply that I shall be placed under restraint, for as sure as there is a Heaven and a Hell, so sure shall I, and take this in its most extended meaning, be driven to an act of violence of no common or remediable kind. The uncontrollable feeling of revenge now raging in my breast must ere long end in a crime, the result of which will be a scaffold, if this country will consent for a person to be sacrificed when he has been driven to commit murder. I trust that the three weeks granted to a criminal to make his peace with God will be sufficient to enable me to do so. It may be that the time is at hand when the wife and the children of one of you will be a widow and fatherless."
Prisoner. Q. Has our acquaintance been from schoolboys? A. Yes—I was at school with you two years, but you were considerably older than me and I did not mix with you—my age is fifty-six—I never found you guilty of a breach of purpose, or truth, or integrity—I remember asking you to become a trustee of this settlement, and I assented—two of the trustees were relations, and therefore I have not taken an active part—I do not think I was consulted as to the matter going into Chancery—I remember expressing a wish to be relieved of the trusteeship—I was told that you applied to have fresh trustees appointed—I never consulted Messrs. Gills and Gordon—I suppose I signed the answer to your bill in Chancery—my belief
was that if you had this money in your possession you would go on the Stock Exchange and speculate with it.
MR. METCALFE. Q. Did Mr. Drinkwater marry the prisoner's wife sister? A. Yes, we are not related.
MR. DRINKWATER. I am one of the trustees—I married the prisoner's wife's sister—I am a clerk in the dividend office of the Bank of England—I met the prisoner in Bartholomew Lane, a short time before his arrest—I addressed him cordially, and he said, "Do you intend to give me that trust?"—I said, "No, it is in the hands of the Court of Chancery—he said, "You do not intend to give it up?" I said, "No"—he said, "Then, by God! I will stab you to the vital parts"—my only object has been to protect his wife and children—he is separated from his wife.
Prisoner. Q. Did not I say "In the tenderest part?" A. No, "In a vital part"—I was married in 1832—I had been married more than eight years when you married—you consulted me about this settlement nearly a month before your marriage—my age is seventy-three—I saw the draft of the deed before it was executed—I signed it at Gills and Gordon's office—our mamma-in-law did not give a marriage dowry with her daughters—my colleague, Mr. Gordon, refused to allow this money to go into anything but Government funds—when you endeavoured to possess yourself of the property he considered that he had a duty to perform—when my wife and yours died there was certain property coming from the marriage settlement, and I wrote you a letter, stating that I found I had been guilty of a breach of trust to yourself, and Mr. Gills urged on you to restore the money lent—the Master of the Rolls would not consent to my clearing myself of the trust—your son has kept up the policy of insurance—I do not wish to answer whether I am willing to retire—some of the funds were sold by consent of the Court of Chancery and of your wife—I gave the statement to your son, and the money paid your debts—arrears of rent and taxes, which were two or three years in arrear, and your son paid them.
MR. METCALFE. Q. Did the greater part of this money come from the wife? A. Through her mother—among other reasons for the Court of Chancery objecting to the change of trustees was that Mr. Watson was proposed to be one, with whom the prisoner had been considerably mixed up.
GEORGE CRISP (City Policeman 574). I took the prisoner on 5th May—he would not hear the charge, but said he would go wherever I wished—the warrant was read at the station, and he said that he was glad it had come to a charge; that he had written to the Lord Chancellor praying him to put him under restraint, or he should be sure to do some harm, as he had not got control over himself.
The prisoner in his defence stated that the settlement was a voluntary one, and that it secured to him certain powers which the trustees would not allow him to exercise; that they refused to act up to the deed or to transfer their trust to others, but had always striven to injure him when he endeavoured to obtain his rights, until goaded and driven to absolute madness he wrote the letter in question, but denied any intention to carry out his threats, although had he had the command of language ten thousand times stronger he should have felt it his duty to use it. He begged that he might not be sent out into the world again while the present trustees continued, lest his feelings, now dormant, should arouse him to greater fury, for so long as the cause of those feelings existed, and his rights were not restored to him, he preferred confinement to liberty.
GUILTY.— Judgment Respited.
OLD COURT.—Wednesday, June 10th, 1868.
Before Mr. Justice Blackburn.
In this case the jury were sworn (before plea) to try whether the prisoner was of sound mind and understanding, and upon the evidence of Mr. John Rowland Gibson, Surgeon of Newgate, they found that he was insane . Ordered to be detained till Her Majesty's pleasure be known .
NEW COURT.—Wednesday, June 10th, 1868.
Before Mr. Baron Pigott.
523. WILLIAM BROWN HAYES (67) , Feloniously setting fire to certain rags, paper and wood, in a building belonging to Lucy Proctor, under such circumstances that if the building had been set fire to he would have been guilty of felony.
MR. GRIFFITHS. conducted the Prosecution; and MR. PATER the Defence.
LUCY PROCTOR . I am a widow, of 47, Lisson Grove, North—I let the house, 13, Charlton Street, Fitzroy Square—the prisoner occupied the third floor back—I hold the house on lease; there are five years yet to run.
MARIA MILWOOD . I am the wife of Thomas Milwood, of 13, Charlton Street, Fitzroy Square—on 15th May, about 12 o'clock at night, there was a knock at my door, and I recognized the prisoner's voice, who occupied the third floor back—he was insulting a woman, a customer of ours—I opened the door and he pushed her, called her very bad names, and told her to go in—my husband told him he would not have a customer of his insulted, the prisoner turned on my husband and wished him to come into the street to fight; he said he did not wish to strike an old man, but after a great many insults my husband did strike him—the prisoner then said, "I will set fire to the whole lot in the house"—his wife and son persuaded him to go to his room—he was very drunk—about 3 o'clock in the morning I was aroused by his wife calling to him from the top floor to put out the fire—he was in the yard—my room was full of smoke, and smelt strongly of fire—he made a rattling of pails in the yard and said, "I am trying to put it out"—I opened the bedroom door and saw three lodgers coming down stairs, they told me to get out of the place as it was on fire—the fire was in the back yard, in a closet adjoining the dust hole, which is made of wood—there were empty wooden boxes in it, and shavings, rags, paper, and wood—the dust hole is outside the house, but joins it against the brick wall of the house—the wooden door of the dust hole touches the window sill of the cellar where there are paraffin cans—it is a general shop, we sell almost everything—there was very little in the paraffin cans, we had drained them; there were also butter tubs, soda tubs, and shavings, in the cellar close to the window—my husband and the other men lodgers went down and put the fire out—about 11 o'clock in the morning the prisoner got up, he began abusing me and my husband—he gave me messages which he wished me to give to my husband—I told him to take them himself—I said "You are not a man to go and try to set fire to the place last night," he said "Yes, I did it with a candle, and I will do it again."
Cross-examined. Q. Had he been drunk and quarrelsome some time previous? A. Yes—he was not quite sobered when he spoke to me, and was in an excited, quarrelsome state—some pieces of wood, an old rag shirt and a broom handle were all burnt to cinders—no part of the wooden building was burnt—the fire was not in the dust hole but in a wooden closet adjoining it—the bin is only used for lumber, not for refuse or cinders—I did not go down in the night, I heard him throwing water on it.
THE COURT considered that as the prisoner was drunk, the best course would be for him to enter into recognizances to keep the peace for six months, which being done, the Jury found a verdict of NOT GUILTY .
GUILTY of the attempt. Recommended to mercy by the Jury, on account of his youth. Six Months` Imprisonment .
MR. LANGFORD conducted the Prosecution; and MR. RIBTON the Defence.
ALEXANDER CLANCEY . I am a labourer, of Fulham Fields—on the 22nd May I was at work in the grounds of Park House, Fulham, about 6.20, and found a parcel—I sent for Bowerman and opened it, it contained the dead body of a male child—I gave it to Bowerman.
FREDERICK BOWERMAN (Policeman). On 22nd May I went to where Clancey was at work and saw a parcel on the green, he got a knife and clipped it, it was made of paper and clothes—the body of the child was taken to Fulham Workhouse, and there was an inquest on it.
HENRY PAUL REES . I am a surgeon, of Walham Green—on 22nd May, about 7 o'clock, I saw the child's body at the police-station, Walham Green—it was tied up first in newspapers and then two or three linen or calico wrappers—a thick cloth was completely round the head or over the head and face, and tied under the neck so tightly in two or three knots that I had some difficulty in undoing it—the nose was pressed down flat to the face by the pressure of the cloth—there were several pins, to keep it closer I presume, and in two or three places the cloth was stitched; it was stitched all over the body, and on the head and face as well—the tongue and eyes were protruding, the lips were swollen, the nostrils compressed, and there was bloody fluid issuing from the mouth, which had stained the cloth; the neck was discolored where the cloth had pressed; the fingers were drawn in and pressed on the palms, and the nails were discoloured and black—I made a post mortem examination at the workhouse, but found no evidence of disease—the age was from two to twelve months—the brain was very much congested, and the vessels of the brain in the same way—the lungs were collapsed—suffocation, such as would be caused by these wrappers, was the cause of death—it had been dead about two days.
Cross-examined. Q. Is there any doubt that suffocation was the cause of death? A. I have no doubt of it—there was merely one opening in the bandage when I saw it, as if made with a knife, which the gardener explained by saying that he cut a little slit to see what it was—I do not think the flattening of the nose could have been caused by a fall, because the cloth was so tight on the face—I will not say that it is impossible—it is possible
that it might have been caused by the woman carrying the child falling on it, or laying on it—I should say that a fall would not produce what I saw unless it had fallen on its nose and remained so for some time, and that would not account for the suffocation, because a child of twelve months old would have strength enough to move—I have no doubt that the same cause which produced the flattening of the nose caused suffocation—compression by a cloth or any other means would produce it—it did not seem a well-nourished child, the limbs were thin and the abdomen inflated—I should say that it was a delicate child, certainly.
ELLEN MEREDITH . I live at 22, Camersham Street, Chelsea—on 16th May, the prisoner came to my house and engaged a room for a week—she brought no child and said nothing about bringing one—she left on the 22nd, when the constable took her—I had not known her before—she said that she was a servant, and said, "I shall not require the room any longer than a week, as I have got a place.
Cross-examined. Q. Did she sleep there every night? A. Yes, I have every reason to believe so—I did not see her in bed—I believe she was there on the night of the 21st, but cannot swear it—she was in the house when the constable came on the 22nd, and had been there an hour.
MARY ANN STOKES . I am the wife of James Stokes, of 11, Sladeburn Street, Chelsea—some time in April, I cannot recollect the day, the prisoner brought a child to my house, which she called William, and told me he was eleven months and a fortnight old—I made an arrangement with her to keep the child at 3s. 6d, a week—she paid me two weeks—on 13th May I went to her at Mrs. Biddecomb's and asked her why she had not been to see the baby—she said that she came on Sunday but I had moved away—I said that she might have asked a friend of mine" where I had gone—she said that she would come on the Sunday—I said that he was very weakly and I wanted a trifle more to keep him—she came on Monday, the 18th, and said that she had been talking to a friend of her's about Willy, who advised her to take him to an old doctor of her's to see if he would ever be stronger on his leg—I said, "There is no occasion for that, for I have taken him to a doctor myself, and have got a powder for him and some castor oil"—she said that she would come on Tuesday, but she did not—she came on Wednesday evening, the 20th, between 8 and 9—the child was then undressed ready to be put to bed—she said, "I have come for Willy"—I wanted to know where she was going to take him—she said that she had got a situation where the mistress had a family of her own, and had given her consent to take the child there—I begged of her not to take him that night, because I was afraid he would catch cold, as he was undressed—she said that she must take him to-night, She could not come again—I said "Well, he must be dressed"—she said, "Do not dress him, roll him up in some old shawl, or I shall have the trouble of undressing him again"—I said, "I must dress him, or the poor little fellow will catch cold, and I put on him a linen shirt, a pair of white shocks, a pair of shoes, a flannel petticoat, a white petticoat, a grey petticoat, a pelisse and cape, and a black hat with blue strings; and I gave her a clean spotted pinafore for him, which she put into her pocket for the next day—these (produced) are the articles—I said, "Wherever you take him I hope you will be have kind to him"—she said, "I will"—I saw the child dead on the 22nd, at the workhouse.
Cross-examined. Q. How did she carry him? A. In her arms, she hugged him close to her arm and put her shawl a little bit over his face—I
did not observe that she was in the family way, but I have heard since—the child was weak in his chest and had no use of his limbs; he was very heavy to carry, and had a very large stomach—he was rather short necked—I do not know where Mrs. Meredith lives—the prisoner was at my house about half an hour and left about 9 o'clock—she had paid me for a fortnight, 7s., and there was one week due—I do not know where she had lived in service, I called on her at the laundry, she gave me directions to come there, I did not know anywhere else to find her—I did not know her before she brought me the child—she had no difficulty in carrying the child when she left—if she was far gone in the family way, that would render it more difficult for her to carry a child of that kind, but I did not notice it—I saw the dead body.
FANNY BIDDICOMB . I live at 8, George Place, Queen's Road, Chelsea, and know the prisoner by living at Madam Azens' three weeks, she lived next door to me—on Thursday, 21st May, about 10 o'clock in the morning, she brought me these three petticoats, red frock, and spotted pinafore—she said that she had been to see a young woman, a friend of her's, last evening, who had been in the same trouble that she was in, and had given her these few things to help her; that they were not dirty, neither were they, but she wanted them washed and mangled to put them away clean, and she would call for them, but she never did—I washed them and had them mangled.
LOUSIA MORVAN . I live In the same house with Mary Ann Stokes, I on the first floor and she on the second—on Wednesday evening, 20th May, I was in my room, and heard her crying—I ran up and saw her and the prisoner there, Mrs. Stokes said "Oh dear, Mrs. Morvan, here is Willy's mother come to take him away—I put my hand on her shoulder and said "Do not take him away to-night, he is undressed"—she said "I cannot come again, I cannot come to-morrow, I must take him now"—I asked Mrs. Stokes to dress him, but she trembled so that she could not, and the prisoner said "Do not dress him"—Mrs. Stokes said "Yes, or else he will catch cold, poor little fellow"—the prisoner said "Never mind, wrap him up," but he was dressed by that time, and she put him on her cloak and held her dress up, and ran down stairs with him—I saw him dead afterwards.
Cross-examined. Q. Did you notice that she was in the family way? A. No—she carried the child on the ends of her cloak—she took him in both arms in this manner—it was not proper to carry him smothered up in that manner—I did not follow her down stairs.
COURT. Q. Did she carry him in an improper way smothered up? A. Yes.
EDWARD STACEY (Police Sergeant T 10). About 10 o'clock on Friday night, 22nd May, I went to Mrs. Meredith's and found the prisoner there—I said that I was a police sergeant, and she became very much agitated and appeared faint, I was obliged to support her from falling—I told her I should take her in custody on suspicion of wilfully murdering a child—she said "Oh sir, what will they do to me, shall I be hung?"—she repeated the same words several times—Mr. Croker came into the room, he lives at 9, Oakley Square, Chelsea; she said to him, "Will you please tell your mamma the trouble I am in, and ask her to come and see me, as I have not a friend in the world"—I took her to the station, the charge was read over, but she never spoke.
Cross-examined. Q. How far does Mrs. Stokes live from Mrs. Meredith?
A. About a mile—the child's body was found about a mile and a quarter from Mrs. Stokes' and about two miles and a quarter from Mrs. Meredith's, but in a contrary direction.
ELIZABETH TROUGHTON . I am searcher, at Walham Green Station—I searched the prisoner on 22nd of May, at 11 o'clock at night, and found a box of powders and some money—she was in great trouble and said, "Oh dear, shall I be hung?"—next morning I took her a cup of tea, she was so very bad that she asked me to go into the cell, and then said, "I had no thoughts of doing it, but a feeling came over me, I loved the child."
Cross-examined. Q. Will you repeat what she said? A. "Oh, dear me! I am in such trouble; I had no thought of doing it, but a feeling came over me; I loved the child;" and that she had no friends or relatives here; her father was in the north of Scotland—I do not pretend to say the words in the exact order she used them—she said that she expected to be confined about 1st June, and by her retching I was afraid that labour was coming on that night—a doctor was called in.
Cross-examined. Q. Is there any doubt that the prisoner is near her confinement. A. No doubt; I should think it is a question of weeks, not months. GUILTY of Manslaughter. — Ten Years` Penal Servitude .
MR. F. H. LEWIS conducted the Prosecution.
HORATIO PHILIPS . I live at 8l, John Street, St. Sepulchre's, and occupy the ground floor, and other portion—the prisoner occupies a room at the top of the house—about 8 o'clock, on the morning of 13th May, I heard a cry of "Fire"—I assisted in handing water to put the fire out—about two hours afterwards I went upstairs, and saw pieces of a table and a bench charred, and some shaving stuffed underneath the floor, where a board had been removed—there was no fire in the fire-place, and the grate was empty—I was in bed with my wife, in the house, at the time of the fire—I have a document here, which was handed to me by some of the prisoner's relations, stating that she has been confined in Colney Hatch; I fully believe it—she believes that there is a galvanic battery passing from one house to the other; and that there is a female detective living in the house on the left, and some other enemies in the house on the right, who have a galvanic influence over her.
COURT. Q. How lately, before the fire, did you hear her speak about this? A. She would have those spasmodic ideas—I should think she was under the influence of drink, for she was perpetually drunk—I do not know where she got the money, but her husband was very kind to her.
EDMUND LOWE . I live at 79, St. John Street—I went upstairs about 8.15, and could not get into the room for the fire—I shoved the door to, and fetched two pails of water and threw them on the fire, but it was no use, and we got more water—about 11 o'clock, when the fire was out, I went upstairs after the prisoner—she sat down, without taking notice of what was burnt, and pointed, and said, "That is one of them that I wanted"—on the Sunday week she came into our place, and said that
some one was being murdered in the top room—I said, "You are mad, you had better go indoors;" she went away—I thought she was mad, and I think so still—the wainscoting was on fire.
Prisoner. I recollect your face very well, but I do not recollect that I insulted you.
ALEXANDER GRINGBURN (Policeman). The prisoner was given into my charge by the landlord, for setting the room on fire—I said, "You hear what the landlord says?"—she said, "Yes, all right, I have done it"—I took her to the station.
MR. LEWIS put in certificates of the prisoner's having been in Colney Hatch and Camberwell Lunatic Asylums.
Witness for the Defence.
COURT. Q. Had she been drinking when she was sent to those places? A. No—she was not married then.
Cross-examined by MR. LEWIS. Q. What was the nature of her madness? A. She had fits, and they flew to her head; and she brought knives to stab us—her husband had to put her into the workhouse lunatic ward, six or seven months ago; and I have another aunt who had to put her into the workhouse before she was married.
Prisoner's Defence. I fancied I saw my mother. I was taken in trouble of mind, and fancied the place was full of people, and I could not get rid of them; they were coming to tear me to pieces, and made all manner of faces, and as fast as I went to one end of the room they came to the other. I was after them nine or ten days round the room; and I went to my landlord, and asked him to come and see them.
NOT GUILTY, being insane.— To be detained during Her Majesty's pleasure .
MR. BESLEY offered no evidence.
THIRD COURT.—Wednesday, June 10th, 1868.
Before Mr. Common Serjeant.
FOURTH COURT.—Wednesday, June 10th, 1868.
Before Mr. Recorder.
(15), to stealing a dress of Benjamin Harris, her master; also to stealing, a gown of same.— One Month's Imprisonment, and Three Years in a Reformatory . [Pleaded guilty: See original trial image.]
MESSRS. METCALFE and SLADE conducted the Prosecution; and MR. STRAIGHT the Defence.
MARY ANN SAVAGE . I live in the Clarence Road, Clapham—on the 29th of last May I sent a small memorandum book by post wrapped in white note paper, tied with string, but not sealed—it was open at the sides—I addressed it to "Miss Savage, Orlagh House, Mont Cochon, Jersey"—she it my sister—I put two stamps on it, and placed it in the hall for the post—it is the book produced.
ERNEST KERR WILLINS . I am in the employment of the Post-Office—on the evening of the 29th of May the prisoner was employed in the newspaper department—about 5.10 I noticed him push a small packet into the cover, and threw it on to the south-eastern dividing table—I called the attention of the Superintendent, who examined the parcel—shortly after 7 o'clock I noticed the prisoner with the packet in his hand, in the Eastern Counties division—he threw it into a basket underneath the sorting table, and it remained there fire or ten minutes—he then took the basket round to the south end of the office, took the packet out of the basket, and again examined it—he then threw the packet into the basket again, took some more packets out of another basket, and placed them in the basket where the packet was—he then turned the eastern dividing table with basket containing the packets, and took that packet (produced) from the bottom of the basket, and placed it in one of the pigeon-holes—he then emptied the packets on to the table—at that time the collector came and took the things out of the pigeon-holes—there were other things there—the prisoner put his hand forward and took this packet back again out of the pigeon-hole, making some remark which I did not hear—he then passed near where I was standing, and passed the packet under his coat on the left-hand side—he then returned to the Great Eastern dividing table—I sought Mr. Swift, and made a communication to him—I could see nothing in his hand when he returned.
Cross-examined. Q. How long have you been employed in the Post-Office? A. Eleven years—I am conversant with the business—packets and newspapers were sorted at that table, not any letters—if a man found a packet at the wrong table, he would put it on a place upon his own table for that purpose—the prisoner's hours were from 4 till 8 in the evening—he received 10s. a week—sometimes they wear an office-coat and sometimes not—I was examining on this evening—I have known newspapers come out of their coverings, and seen newspapers without an address—a man may sort about ten a minute—I was three or four yards away from the prisoner and in front of him.
Re-examined. Q. Is it usual to take packets back from the dividing to the sorting table? A. No, unless they are large packets—I have no authority over him.
COURT. Q. Was it this man's duty to collect damaged packages? A. No—a man was appointed to do that from amongst the sorters.
ABRAHAM SWIFT . I am an inspector of letter carriers—the prisoner was employed to sort letters at the Great Eastern Division table—if he found one there by mistake, he should have put it in what is called the "Blind Place," which is intended to receive missorted packets—these are cleared by homebody else—between 7 and 8 on the evening of the 29th of May, in consequence of a communication from Willins, I went to the prisoner, and took him into my room and said, "It has been reported to me that you have put a packet in your pocket; if there is no truth in it you will say so"—he said, "It is only a paper"—he took out of his left-hand pocket the packet—I said, "This is evidently a packet which appears to be passing through the office, and not your own"—he said, "No, sir, it is not my own, and I intended to place it on the packet table when I went again for the packets"—I then saw Crocker, and gave him into custody—Crocker searched and found two newspapers and a pamphlet—the prisoner had no right to put the packet in his pocket—it was not his duty to examine their contents.
Cross-examined. Q. Have you not known such a thing as putting a packet into one's pocket involuntarily? A. No—we should not permit it—it would be considered a criminal act—he might have taken the packet in his hand to make inquiry—a person signs a document stating his duties, when he is employed by the Post Office—the general table is at the north end and the packet table at the south end—the overseer appoints one of the men to collect mis-sorted packets from the blind places—I don't know that the prisoner was the one—the cover of that one was broken, but not enough to call it a damaged packet.
MR. LORD. I am an assistant-inspector—on 29th May, Willins made a communication to me.
Cross-examined. Q. Have you seen the prisoner take packages upstairs to be repaired? A. No.
GIDEON CROCKER . I am an officer attached to the Post Office—I was called in to Mr. Swift's room and searched the prisoner, and took him into custody—he went on his knees and begged Mr. Swift to forgive him.
Cross-examined. Q. Was Williams present? A. I won't be sure.
The prisoner received a good character.— NOT GUILTY .
There was a second indictment against the prisoner for stealing a newspaper, upon which MR. METCALFE, for the Prosecution, offered no evidence .
MR. GRIFFITHS conducted the Prosecution; and MR. STRAIGHT the Defence.
THOMAS ELWOOD I live at 58, Queen's Road, Dalston—on the night of the 19th May, I went to a public-house, the Old Kent, Nichol Street—Bailey came in and said, "It is a nice day, sir"—I said, "Yes"—he went out and returned shortly afterwards with two others—Hutchinson was one—a young gentleman and two boys were with me—Bailey charged me with committing an abominable crime on the two boys—the boys were not with me the second time he come in—I forget whether he said "intending to commit," or "having committed"—Bailey and the man not in custody unbuttoned my coat and exposed my guard—I struggled and called to the landlord to send for the police—he got me out—there were ten or twelve more in the bar—the doors were closed and I was left with Bailey, who held
me by the right shoulder, and Hutchinson was at my back—the landlord passed me in the street and told me to run—I said, "Oh, good God, I shall be run down, pray send for the police and protect me"—I was knocked down two or three times, once on the steps of a door, and forced into a passage—I was then held down by four men, one kneeling on my left loin—I cried "Murder!"—two hands were passed, one tore away my watch and the other my guard—I heard cries of "Police!"—the men got off me—I got up and was knocked down again—a policeman came and I made a statement—at 12 o'clock that night I saw Bailey and gave him in custody near the spot—I saw Hutchison the next day at the Police Court, and gave him into custody.
Cross-examined. Q. Are you in the habit of using this public-house? A. No—I came there to identify a man and point him out to these boys, whom I intended to bring forward as witnesses in a divorce suit—their ages are about 13 or 14—I never saw them before—I instructed the sister of one of them, who sells oranges before the Post Office door, to get them—I intended to pay them—my friend Mr. Searle suggested going to the public-house—he went with me as a friend—I should call him as a witness if he could assist me—I don't think I mentioned about my coat being torn open and exposing my chain before the Magistrate—I was excited, and my memory was not so clear—I caught hold of the landlord as he passed me, and asked him to protect me, and he shook me off—I then put my hand to protect my watch—I am sure it was there safe before I was knocked down.
JAMES SEARLE . I live at 20, Upper St. John's Street, Hoxton—I was with the last witness—I went with him into the public-house and had some beer—there were two boys—I saw the prisoners outside—I went in twice—the second time I saw the prosecutor surrounded—I said, "What are you doing to the man?"—Bailey accused him of committing an unnatural crime—I said it was all nonsense, and wished them to leave him alone—I told them our business there—when we got out Bailey still held the prosecutor by the right arm, saying, "I sha'n't let him go, I see him do it"—I was struck several times—my friend was bonnetted—I went for a policeman.
Cross-examined. Q. Whereabouts was Mr. Elwood? A. He was standing in the top room when I went out—I have not been to that public-house before—I have been in the neighbourhood before—it was when I came back after going to the other side of the street I found Elwood surrounded.
WILLIAM MCCARTHY . I live at 11, Black Horse Alley, Farringdon Street—I am one of the boys who went with Elwood—I saw the prisoners and a lot more round him—I saw the carrotty one (Hutchinson) knock him down outside the house—I ran away—I was fetched back again by the two men—one of them said there was a policeman coming who would be enough to take the four of us—they let me and the other boy go then.
Cross-examined. Q. Who told you to run away? A. No one—I had never seen this gentleman before that day.
STEPHEN PENNINGTON . I live at 62, Old Nichol Street, and keep the public-house—on the day in question, there was a disturbance in the bar—I heard the prisoners question the prosecutor respecting some act, which
he denied doing—I told them all they had better leave the house—I questioned the prosecutor myself, and led him away from my house some twenty yards, and returned—I saw some men and women hitting him, but I did not get to the mob—I went back and saw no more.
Cross-examined. Q. Have you known the prisoners some time? A. About six months, they are respectable working men, I believe—I only know them as frequenting my house.
WILLIAM LESTER (Policeman H 46). On the 19th May, about 12 p.m, I apprehended Bailey—Elwood pointed him out in Old Nichol Street—I told him I should take him into custody—he said he had not left Victoria Park till 9 o'clock that evening—at the station I asked him if he had seen Elwood before that day—he said he had seen him in a bother in Old Nichol Street—from information I received I went to the police court the next day and took Hutchinson into custody—I charged him at the station—he said he knew the prosecutor had committed an offence from what the boys said, and what he had seen.
NOT GUILTY .
The evidence in the last case was read over and assented to by the witnesses.
GUILTY .— Two Months' Imprisonment each .
MR. STRAIGHT conducted the Prosecution.
BERNARD DOOLEY (Policeman G 27). On the 19th of May, about 3.45 in the morning, I was on duty in Gray's Inn Road, and saw the prisoner come over the rails of a public-house, 3, Sidmouth Street—I followed him and caught him—I took from him some dripping and two pounds of meat—I called the people up—the prisoner denied being there.
LOUISA GERARD . I reside at 22, Broad Street, Bloomsbury—I am a charwoman—I was standing in Sidmouth Street on this morning—I saw the prisoner get over the railings—when he came out he ran up the street, beating his cap against the other railings—it was about 3.45 in the morning.
Prisoner's Statement before the Magistrate:—I have just come from Liverpool and know nothing about it.
GUILTY .— Six Months' Imprisonment .
MR. METCALFE conducted the Prosecution; and MR. F.H. LEWIS the Defence.
ANN ADAMS . I am the sister-in-law of Ruth Adams, now Ruth Buck—I married her brother—I was present at the marriage of Ruth Adams to Thomas Stepheu Buck, in 1853, at the parish church at Wooton Bassett—she
still resides in the neighbourhood—I do not know how long they lived together—they left the place after they were married.
The certificate of the marriage was read.
THOMAS ADAMS . I am the husband of the last witness, and brother of the prisoner's first wife—I saw her three weeks yesterday—I was not at the marriage, but I saw them living together afterwards—they did so for six or. seven yean, and had two children—they lived at Bath some time—Wooton Bassett is twenty-five miles from Bath—Buck left his wife, and she eame home.
Cross-examined. Q. Did the prisoner ever mention that his wife had committed adultery with a man named Fox? A. I never heard it.
The certificate of a marriage at St. George's, Hanover Square, on August 25th, 1865, to Mary Ann Carnot, was read.
The second wife stated that she knew when she become acquainted with the prisoner that he was a married man.— Nine Months' Imprisonment .
MR. BESLEY conducted the Prosecution.
KATE HAYES . I was in the service of Charles Flowerdew on Good Friday last—I left the closet window not securely fastened on the previous night—on going down in the morning I found the back door open, and some trousers, a bed gown of my own, which I left in the kitchen, and some spoons and forks were taken—this is the property (produced).
GEORGE URBAN (Policeman X 10). I went to Mr. Flowerdew's residence, at Notting Hill, the day after prisoner was apprehended—I saw the closet window, which was about five feet from the ground—a woman could not get in; a man could—on the 28th April I went to James Street, Notting Hill, to the house of Mrs. Jones, and saw Mrs. Melville—she rushed away—I stopped her and took from her some duplicates—she was a small, short woman.
NOT GUILTY .
ELLEN KRUNKS . I am in the service of Major John De Winton, of 70, Blenheim Crsecent, Notting Hill—I went to bed at 10.40 on the 14th April, after locking up the house—on the morning of the 15th I found the breakfast room window open, which I had seen partially fastened at 9 o'clock the night before—I missed a silver cruet stand containing a mustard pot and spoon.
JOHN WALKER . I am a watch-marker, at 11, Old Church Street, Paddington. The prisoner brought these things, to me on the 16th April—he asked if I bought silver—I said did—he took those out of his pocket—I seeing the initial on them agreed with the initial described in my list of stolen property, I told him I should detain him on suspicion of stealing them—he said, "You be d——," and ran out of shop—I ran after him and caught him—he knocked me down—I got up again and he knocked me down again and got away—I ran after him again and caught him, and he got away again—I followed, and he knocked me down again—I followed
again, and a man held me while he got away—I next saw him at the police-station—I am sure he is the man.
JANE DUNLOP . I live at 5, Blenheim Crescent, opposite Major De Winton's—I heard of the robbery, and about a quarter of an hour after saw a short man with a bag, in company with a tall man—the tall one had come out of the window—I believe it was the prisoner—it was about 6.20.
Prisoner's Defence. I am innocent.
The prisoner Pleaded GUILTY to a previous conviction at the Guildhall, Westminster, on 5th September, 1859, in the name of Edward Brown.— Ten Years' Penal Servitude .
MR. BESLEY, for the Prosecution, offered no evidence.— NOT GUILTY .
NEW COURT.—Thursday, June 11th, 1868.
Before Mr. Recorder.
MR. STRAIGHT conducted the Prosecution.
BENJAMIN DAVIS . I am a sailor, of 1, Old Gravel Lane—on 14th May, about 4.30 in the morning, I had come from Liverpool, and was near the Thames Tunnel—the prisoner carried my chest about ten yards, and I gave him 1s.—I then got another man to carry my chest to the Gravesend steamboat, and the prisoner came up to me again, and said, "I want another shilling," and pulled my waistcoat pocket out, and my money fell out—I had five sovereigns and four shillings, or a little more—I tried to take him by the throat, and he struck me in the eye—I fell, and he kicked me twice in the side—I saw him pick up the money—I called "Police!" and he ran away towards the bridge—I saw him next at the station.
Prisoner. Q. Were not you treating a cabman in a public-house? A. No; there was no public-house open—there was no girl in the cab with me.
COURT. Q. Were you in a public-house at all. A. No; I was as sober as I am now—I arrived in London about 2 o'clock, and came in a cab with my chest from Euston Square to Arbour Street.
CHARLES YATES . I live in Shad well High Street—I saw the prisoner and Davis going towards the Thames Tunnel—the prisoner made a grab at Davis' waistcoat pocket, and then knocked him down and kicked him—two policemen ran towards him, and he ran away—I knew the prisoner before—I was about 200 yards away, but I saw them before, when they went down the street.
Prisoner. Did you see me afterwards passing the Back Road by John Street? A. Yes, but there were two of you and I was afraid to tackle you, you were then wiping the blood off your knuckles, that was about a quarter of an hour afterwards—I lost a coat some months ago, you stole it out of my house.
TIMOTHY COX (Policeman K 45). I saw the prisoner and Davis in Albert Street—the prisoner was sitting on a chest of Davis's, and they were wrangling about Borne money—Yates spoke to me; Davies was down and the prisoner standing over him, kicking him—I ran as fast as I could and the prisoner and another man who was with him ran away—I took him that night.
GUILTY . He was further charged with a former conviction at this Court, in November, 1863, in the name of Patrick Hayes, to which he PLEADED GUILTY.**†— Ten Yeas' Penal Servitude, and Twenty Lashes with the Cat .
542. JOHN GILBERT (45), and WILLIAM GILBERT (39) , Unlawfully obtaining by false pretences 77,000 gross of artificial flower seeds, 292 pieces of paper hangings, and other articles, from divers persons. Other Counts for conspiring to defraud divers persons.
MR. F. H. LEWIS conducted the Prosecution; and MR. STRAIGHT the Defence.
THOMAS JOHNS . On 20th May, I went to 44, Hatton Garden, and found the prisoners there—I took John to the station—I searched the office but found no books relating to any business—I found a looking glass and some tin foil, both of which have been identified; also a sack tied up like a coffee sack, and two chests which were marked and nailed down as tea chests, but they only contained cinders and ashes—I asked the prisoners if they carried on business as dry salters anywhere else; they said "I decline to give any information"—I found these cards and invoices, "Gilbert Brothers, wholesale provision merchants, 44, Hatton Garden"—on another card they are "Wholesale leather merchants," on another, "dry salters;" on another, "Wholesale and export stationers;" on another, "Wholesale clothiers, ladies' silks, and velvets;" on another, "Leather merchants and elastic web"—there was no furniture in the house, only an old chair—I found this blind (produced) on the premises, with "Gilbert Brothers, merchants" on it.
Cross-examined. Q. Were these men in the office when you went in A. Yes—I took John, and Halliday took William—there was also a mahogany writing desk in the office, and a bench which was used as a table, it was more like a shelf.
THOMAS YATES . I am a gold beater, of 21, Hatton Wall—my father is landlord of 44, Hatton Garden—I was away when John Gilbert took a room there, the rent was 37l. 10s. per annum—I asked John for one month's rent, due 28th March, but did not get it; he said that he would speak to his brother and would send it in a day or two—they gave me a card, stating that they were "Wholesale provision merchants."
Cross-examined. Q. Did you let the room to them? A. No, my father did, but I made the agreement—the rent was to be paid quarterly.
JOHN GODBOLD . I lived at 10, Essex Road—I have known John Gilbert about two years as John William Sheirs, he kept a general provision shop and oil shop, I also knew him at Limehouse twelve months ago as Hone; it was Hunt, Hone and Co.
JOHN NEAL . I am a jeweller, at 52, Whiskin Street, Clerkenwell—I know William Gilbert as George Didham, he called on me last October and ordered a diamond ring, price 48l.—he said that he was a shoe manufacturer—he did not pay for it, he was bankrupt the next week.
COURT. Q. Did he tell you where he carried on business? A. At James Street, Hoxton, and he gave me this acceptance.
May, William Gilbert called upon me, he said that his name was Gilbert, and he wanted to purchase some paper to decorate houses which he and his father possessed at Battersea, and that the goods would be paid for on delivery—I delivered thirty pieces of paper to John Gilbert, at 144, Hatton Garden—he said "We pay on Saturday before 4 o'clock," this was Friday evening—I saw this blind there—next day William came to me again and selected some more paper; he said "Take them up before 4 o'clock and my brother will pay you"—I took them, saw John and asked him for my money—he said "You are too late to day, we pay every Saturday before 12 o'clock"—he had said that they were general merchants—I trusted my goods to them on the faith that they had houses at Battersea, but there was nothing of the kind—I left the goods, and two days afterwards William Gilbert came and selected 180 pieces of paper, I delivered them to John Gilbert, but said nothing about money—next day William Gilbert came and selected 292 pieces of paper, which I delivered to both of them—I then felt a little suspicious and asked them to give me the goods back—John said, "Oh, that is not business"—I said, "If it is a respectable firm you will do so; I shall call a constable"—I did so, but that had no effect on them—he said, "If you send for a constable I will not say anything about the goods, but you shall have some money"—I went there next day, saw them both, I asked for my money, they said, "We cannot do anything with you before Thursday—I went again on Thursday and said, "You are swindlers"—John said "We know what we are; you keep quiet and you will get your money"—I saw no appearance whatever of business there—the value of the whole property was 26l. 12s. 51/2d.
Cross-examined. Q. How long have you been in business on your own account? A. From eight to nine years—I had no introduction from Gilbert when he first came, I had suspicions then, but yet I supplied him with 532 pieces—I took a bill from John Gilbert on condition that if it was not approved of it was to be returned on the following Monday—that was Saturday the 16th—he said that he was disappointed in some money he expected, and as he had not got the cash he gave me a bill for 24l. 15s.—I went back on Monday and returned the bill—I am certain I mentioned before the Magistrate that William said he wanted the paper to decorate houses at Battersea—my deposition was read over to me—I am certain I said "At Battersea."
ANTONY SALVIA . I am an artificial florist, of 12, Baldwin's Buildings, Hatton Garden—on 17th April, William Gilbert called on me and gave me this card, "Gilbert Brothers, wholesale provision merchants"—he said that a friend of his had come up from the country and wanted a large quantity of goods which I manufactured, and if I would be kind enough to take my samples to his place very likely I should have an order—I went there and saw William and John, I left the samples there, and they said that they would see me the following day—on the following day William came with a beautiful horse and cart, which he said was his own—he said that he had seen his friend and he wanted the goods, patterns of which I had let him have the day before—he had 77,000 gross of artificial seeds, value 32l. 10s. 01/2d. in three lots—William took the goods away; I sent round to the office and John said, "My brother will call on you and pay you the money"—I believed they were carrying on a genuine business and thought no more of it—William came round the same afternoon, but I was out—I have not got my money; I called one day six times in three hours—on one occasion
John made me out an acceptance bill, which I refused to take—William said, "The order is not complete, you must give us 20,000 No. 3, and 10,000 No. 4., or else you must give us a recommendation to get them somewhere else"—I trusted them believing they were carrying on real business, and he persuaded me to give him orders for ale and stout.
Cross-examined. Q. Did you live close by? A. Yes, four or five minutes' walk from there—I have received 4l. on account, which he brought me on the second occasion—this is my receipt for it (produced)—I had some lamps of him, value 1l. 7s. 6d., and a pint of spirit—I went inside the door of the office, but there was a partition between where they stood and where I stood.
MR. LEWIS. Q. When did you get the 4l.? A. On 21st April, and the lamps on the 28th.
ELLEN SARAH PULLEN . I live at 61, Gray's Inn Road—on 20th April William Gilbert called on me to know why we had not sent samples to his place for orders, and offered me some No. 4 black artificial flower seed for bonnets for sale—this is some of it (produced), it is worth 16s. a thousand at least—he offered it at 8s. a thousand—I said, "We never do business at the door"—he said, "Are they not cheap enough?"—I declined to do business with him—he said that they were general merchants, at 44, Hatton Garden, and had the house on a long lease.
Cross-examined. Q. What is your business? A. An artificial flower maker—these are things I should buy in the ordinary course of business—he had been the Saturday before, and had seen my husband.
JOHN PULLEN . I am the husband of the last witness—on 18th April William Gilbert came to me and asked for Miss Pullen—I asked him what he wanted with her—he said, "To do business with her"—I said, "Miss Pullen does not do business here, I carry on business here, what do you want?"—he asked me to send him samples of goods, and said that he was a general merchant, dealing in everything, it did not matter what he bought or what he sold—I promised to send him samples but did not—he also said that he dealt in timber.
JAMES WATTS . I live at 16, Kempton Street, Brunswick Square—on 8th May, William Gilbert called on me and produced this card: "Gilbert Brothers, dry salters and export oilmen"—he afterwards came with another man, with a horse and cart, and asked if I had any second-hand harness to sell—I said no, I would make him a nice set if he wanted a set—he told me to call round on the next day, Saturday, and not to come at 11 o'clock, because they commenced to pay the men at 11, and not to come before 12—I went next day and saw John—I told him I had come because his brother came and left a card—he told me to call again on Monday—I called on Monday, and John gave me an order for a set of harness at 8l. 10s., and a kicking strap at 1l.—on the following Saturday I took a set of harness to Hatton Garden, and gave it to William—he said, "My brother is not at home, he has gone as far as Leather Lane, would you lie to walk there with me—I did so—we went into one public-house, and he told me to stay there while he went to look for his brother—he went outside, I waited a few minutes, and he came in and said that he would go on a little further and see if he could see his brother—he went into another public-house in Gray's Inn Road, but could not find him—he said, "All the money I have with me is 1l., it is the first time anything like this has occurred, for anyone to go away without the money"—he gave me the 1l. and told me to go again at 2 o'clock—at 2 o'clock he
came to our place, paid another 10s., and promised to come in the evening and pay the remainder, but he did not—I parted with my goods believing it to be a genuine firm.
Cross-examined. Q. Had you afterwards a bill of exchange? A. Yes, on Monday he said that if I went to the bank I should get the money—I went there and they said that he had no account there at all—I said before the Magistrate, "I left the harness because I expected to meet his brother, and he would pay me."
MR. LEWIS. Q. And did you say before the Magistrate "I left the harness believing them to be a repectable firm of merchants?" A. Yes.
PHILIP HIGHFIELD . I am an archery manufacturer, of 34, Whiskin Street, Clerkenwell—on 20th April, a young man called at my shop and told me to take a sample at 3 o'clock—I took the sample and saw John—he wrote this order out for ladies' bows and gave it to me—the value is about 150l.—they said they wanted them for a gentleman who was going to speculate—I wanted a week to execute the order.
SIGISMUND GROSS . My father is a picture frame maker, in Shoreditch—a young man came to me, and in consequence of what he said I took a dozen picture frames to 44, Hatton Garden—I saw John Gilbert, who told me he would send his brother down the following day and pay for the dozen, and give another 50l. order—I left the goods—William came next day and selected other goods, which he said should be paid for on delivery, and the last dozen as well.
BERNARD GROSS . I am a brother of the last witness—in consequence of what he told me, I took fourteen dozen pictures and frames to 44, Hatton Garden, and saw John first—he told me to take the goods in—I did so, gave him the bill, and asked for the money—he looked the bill over, went into the office, came back with a piece of paper, and asked me to sign it—I said that I should like to see first what it was, as he had his hand over it; and I said, "Let me see what you are going to give me"—he gave me a bill of acceptance, payable at the London and County Bank twenty-one days after date, for the whole amount—I said that I would not leave the goods without the money—he said that as they were sold he could not let me take them back again—they were both present then, but John mostly spoke—he said that if I liked to leave it till next Tuesday he would pay me then; that they were wholesale looking-glass dealers, and would do a good deal with us—I refused to leave them without the money, and took them away, but I did not take the dozen back.
Cross-examined. Q. Did you say a syllable before the Magistrate about the man putting his hand over the paper? A. I do not know, perhaps I was not asked—it was not the bill of exchange, he held out a piece of paper for me to sign first on a shelf, and said, "Just sign this here first," and in his other hand he had the bill which he gave me.
COURT to ANTONY SALVIA. Q. Should you have supplied the goods if you had believed that they had not an order from a customer? A. He said that a customer had come up from the country, but if he had not said that I should have supplied the goods, believing they were carrying on t regular business—I of course believed they had a customer for the goods or they would not have come round to my place—if he had not said anything about a customer I should have supplied the goods, believing he was carrying on business as a provision merchant.
pieces, on 12th May, and 289 pieces on 15th May, and some harness was sent to my place in my absence for my approval—the prisoners called to know if it would suit me, and I said no, I had no use for it—that was after the 15th—I gave 7l. 5s. 4d. for the first lot of paper, and 16l. for the second lot.
Cross-examined. Q. Did you pay what you considered a fair price? A. I think I paid rather too much—I had not had dealings with them before.
THE COURT considered that there was no evidence on the Count for false pretences. GUILTY on the Counts for conspiracy. The police stated that 200 persons had been duped by the prisoners.— Twelve Months' Imprisonment each
MR. TORR conducted the Prosecution; and MR. STRAIGHT the Defence.
JOHN BELLAMY PAYNE . I carry on business at Chard, in Somersetshire, and among other branches of business have been since 1866 a manufacturer of cider—in 1866 I employed the prisoner as my agent for the sale of cider in London—I consigned it to him, and the invoices generally bore his name, but there were some exceptions—that arrangement was found to work not quite satisfactorily, and in February or March, 1867, I entered into a new arrangement with him—the goods were to be delivered to various customers and credited to me—the prisoner was to obtain the orders and send them to me at Chard, and I had to deliver the goods—I had new invoices prepared, and this of Mr. Hickman's is one of them—I call the prisoner my agent—there is a notification that the accounts are to be paid on and after 15th October—the prisoner had to obtain the orders, see to the return of the empties, and to collect the money in October—his remuneration was 1d. per gallon for the cider sold—he was to receive from me duplicates of the invoices I had sent in, and apply to the various customers from 15th October to December for the money, and on receiving it to remit it to me—in the commencement of 1867, I received orders from him and executed them—one of them was from Mr. Laurence—besides the orders he sent me during 1867, I had an order direct from Mr. Hickman, which I executed, and on the approach of 15th October I directed the prisoner to call for the money, and afterwards received from him this letter—(This was dated October 16th, 1867, and signed C. Mayle, requesting Mr. Payne to send him copies of the accounts, including Mr. Hickman's)—no money was sent me after 15th October—I therefore made inquiries of the customers, and saw the prisoner at various times from October 21 to 24—I asked him if he was ready to pay me any amounts—he said that he had not collected any—I have never received the amounts due from Laurence or Hickman.
Cross-examined by MR. STRAIGHT. Q. How did you become acquainted with the prisoner? A. He was introduced to me by my other agent, and told me that he was in the service of Messrs. Slade, the vinegar merchants, that he had many hundred customers and was likely to increase my business considerably—he has received no money from me, he would receive his money when the accounts were made up—he received a penny a gallon commission in 1866, and was to receive the same in 1867, but we did not call it a commission then because it was under a different head—I do not think anybody was present when the new arrangement was made, it took place at Hank's Hotel, where I used to meet him—as he had no salary I had no right to command him to go anywhere to collect orders—on
this bill here is "Mr. Mayle, London Agent"—I have had transactions direct from the customers without his having any share in it—I have had a very large number of transactions through him—after February or March, 1867, he was my London Manager, not "Agent," but the bills have London agent on them down to the present time—he obtains a customer named Brown in London, writes to me to say that Mr. Brown wants a barrel of cider, I send the barrel direct to Mr. Brown, and presuming my clerk to act correctly, he would send the invoice to Mayle, to deliver to the customer, and the money would be paid to Mayle on that invoice at the end of the season and not as each came in—in 1866, he gave me a bill of exchange on account, which was dishonoured, and I sent the money for him to take it up, but he kept both—he paid me the amount 42l. 10s. two months afterwards, January 3rd—I sent him 40l. to take it up on 23rd October, and he kept that, it was perfectly at his option in 1866, whether he got orders for me or not—the second arrangement was in March, 1867, he then had to communicate with me—I sent Mr. Brown the cider and the invoice, and sent the prisoner an invoice as well at the end of the season—I sent them all in a lump for collection—the invoices were from 1l. 8s. upwards—if Mr. Brown had three or four quantities of cider it would all be put in one total—he had three months to collect the money in, he was not to collect it on any particular day—15th October is the end of the season—I am in London very often; I did not always see him when I came up—I believe an agent is a person employed to do anything for another person.
MR. TORR. Q. Did you make the consignment of cider to Mayle him-self in 1866? A. Yes—it went direct from my place at Chard to the customers, but in his name—the monies might not be collected before 15th October, if I have said that they might, I did not mean it.
JAMES HALL . I am Mr. Payne's book-keeper, and manager—in 1866, Mayle used to send down the orders, and we supplied the cider and sent the invoices to him—no cider was consigned to him—in 1867 ledger accounts were opened in the name of each customer, and an invoice bill heading was prepared—this of Hickman's is one of them—I remember an order being sent through the prisoner to Mr. Laurence, dated June 11th, 1867, for twenty-eight gallons—the first order of Mr. Hickman was on June 22nd, there are others, the amounts are 1l. 13s. 10d, 2l. 17s., and 1l. 8s., making 5l. 18s. 10d.—those orders were duly executed, they did not come through the prisoner—we send invoices direct to the customer with the goods, and when 15th October arrived we sent the prisoner duplicates of the invoices for him to go round and collect the money—duplicates of Hickman's and Laurence's accounts were sent to him, but I had not sent them when the letter which has been produced arrived—after that letter I made them out and sent them on the 23rd, but money did not arrive; I therefore went to London on 26th December to see the customers—I also saw the prisoner and asked him for a statement of the accounts he had received—he made an appointment to meet me in the city and bring his books—I went to the place, he brought no books, and did not say whether he had collected the monies—I saw him again and asked him if he had received any money, he did not say whether he had or had not—he did not go into the accounts with me, and did not hand me any money—I have not received the amount due from Mr. Hickman or Mr. Laurence.
Cross-examined, Q. How long have you been in Mr. Payne's employ?
A. Between five and six years—he has another London agent—the prisoner knew nothing about Mr. Hickman being supplied with cider till we sent him the duplicate account—the prisoner had to collect the accounts because the other agent was ill and will never be better; he has had a stroke—I kept all the accounts, and have the books here—I have no invoice of any transaction in which the prisoner acted as agent in 1866—I said before the Magistrate "I had not given notice to the customers that he would call, that was a point not clearly understood by me"—I had never seen the prisoner till I went to claim the money—Mr. Payne has an extensive business in provincial towns—he has an agent at Nottingham—there was no printed heading on the invoices in 1866, as there is on this.
MR. TORR. Q. Who had custody of the cider in London? A. It was sent direct from Chard to the the address given by Mayle—there was no charge in that respect between 1866 and 1867.
COURT. Q. How was he to be remunerated for the cider he did not obtain the order for? A. He had 1d. a gallon just the same.
JOSEPH HICKMAN . I keep the Running Horse, Little Queen Street, Holborn—I gave my own order for some Somersetshire cider—I paid the money to the prisoner, who gave me this receipt on the day it bears date, October 26.
MR. STRAIGHT contended that the prisoner was not a clerk or servant within the meaning of the Act of Parliament, but only an agent, the bills being still sent out with "London agent" upon them (See Reg. v. Walker, Dearsley and Bell. 606, and Reg. v. Bowers). MR. TORR submitted that at the prisoner was to collect the money after his employer sent him the duplicate orders, his duty as a servant then commenced.THE COURT considered that the case of Mr. Hickman was a voluntary matter on the prisoner's part, and that in Mr. Laurence's case, as the prisoner had a general employment to collect the money at any time within three months, that was perfectly inconsistent with the relationship of master and servant.
NOT GUILTY .
NOT GUILTY .
THIRD COURT.—Thursday, June 11th, 1868.
Before Mr. Common Serjeant.
MR. PLATT conducted the Prosecution; and MR. METCALFE the Defence.
CHARLOTTE BLAKELEY . I live at Palmer's Folly—at 12.45 on 21st May, I was in Shadwell High Street, with Margaret Eason—I saw the prisoner coming towards us—he said, "I mean to do for some b——cow to night"—I turned round and he ran the knife down my breast—I saw the knife in his hand at the time—he walked a few yards and then took to running—he was brought back by a policeman soon after—Eason called out "Police!"
Cross-examined. Q. Where had you been to before then? A. We had been to a dancing-room in the Prince Regent—there were a good many
people there—some of the persons were drinking there—I do not know whether they were the worse for liquor—we took a walk round Well Street after we came out—that is near the Sailor's Home—I did not say a word to any of the sailors—I left the dance-room about 11 o'clock—I had just turned into the High Street when I was stabbed—there were plenty of people in Well Street—the people were coming out of the public-houses at that time—I had never seen the prisoner before—it took place in a moment—a policeman brought him up to me, and I said, "That is the man."
MARGARET EASON . I live at 11, Palmer's Folly—I was with the last witness in Shadwell High Street—we met the prisoner, and I heard him say, "I will do for some b——cow to night"—Charlotte Blakeley turned round and said, "Do you mean me?"—I said to her, "Come on"—she said, "No, I am stabbed"—I ran into the middle of the road, and called "Murder! Police!"—I ran after the man, and did not lose sight of him—I did not see anything in his hand, or any blow struck—I saw blood afterwards, and heard her say she was stabbed—I saw another woman catch the prisoner by the coat, and then the policeman took him.
Cross-examined. Q. Had the other woman been with you? A. No, she came from towards Cannon Street into High Street—the prisoner ran across the road when I called "Murder!" and "Police!"—he crossed the road twice—when I called "Murder!" and "Police!" a good many people came up—there were sailors about there—it was about a quarter of an hour from the time the blow was struck until the policeman brought him back—he ran a little way, then he walked, and then he ran again—I ran after him, but could not run fast enough.
MART ANN SCANMAN . I live at Palmer's Folly—I was out on the night of the 21st—I saw the two women coming along from Tower Hill, near the Royal Crown—I saw the prisoner coming along the Highway, and he knocked against them or the women knocked against him, I cannot say which—I was on the other side of the way—the man struck the female on the breast—I did not see any knife—he stood for a moment and then walked two or three steps, and then ran, and I ran after him—I saw him caught by the policeman and brought back.
Cross-examined. Q. Were you on the the Cannon Street side? A. No, the other side, near the Royal Crown—the man ran towards Cannon Street—I ran after him in the road—I screamed out and he turned round—I ran backwards, and the policeman caught him—it was all done in a moment—it did not take a quarter of an hour—I don't think it took two minutes—it is rather a rough neighbourhood—there are a good many rows about there.
REUBEN SCOTT (Policeman H 171). I was in St. George's Street on duty, and heard a cry of "Murder! Police!"—I went to where the cry came from, and saw the prisoner running—I stopped him, and went back with him to where the prosecutrix was, that was about fifty yards off—she was leaning against the wall with her hands to her breast—I saw some blood—there was no one near the prisoner except Eason, the prosecutrix, and myself—Scanman came up as I brought the prisoner back.
Cross-examined. Q. Did not you see Scan man before? A. Not till he was in custody—I cannot say where she came from—she was not holding the prisoner by the coat—he was going towards Tower Hill—he said he was going to his ship, and he offered me 10l. to let him go—he was mate on board the Dolphin—I found that vessel lying in the docks—it is a very
rough neighbourhood—sailors and other persons give a great deal of trouble—I searched the prisoner at the station—I found no knife.
JOHN STIMPSON (Policeman K 21). The prisoner was brought to the Shadwell Station and charged with cutting and wounding the prosecutrix—he said "It was not me, it was two Spaniards"—he then asked for some paper to make a statement—I wrote this statement down at his dictation and he signed it (Read: "I wish to state that I was in Great George Street; walking along the street I heard a cry, and saw several persons, some appeared to be foreigners, some of them talked French. I was going on board my vessel when the policeman took me. I was on my way to the station and was struck by some of the parties." Signed, Nicholas Le Maitre"
ALEXANDER RUSSELL . I am assistant to Mr. Ross, divisional surgeon—I examined the prosecutrix—there was a wound on her right breast, seven inches in length and about a quarter of an inch deep—the dress was cut—it must have been done with a sharp instrument—she is well now.
The prisoner received a good character. GUILTY of unlawfully wounding. Recommended to mercy by the Jury on account of his previous good character. Six Months' Imprisonment .
MESSRS. METCALFE and Taylor conducted the Prosecution; and MESSRS. RIBTON and WILLIAMS the Defence.
FREDERICK WILLIAM LEWIS . I am a clerk, in the Joint Stock Registry Company's service—I produce the register of the Hop and Malt Exchange, and Warehouse Company, Limited—it was registered on the 3rd July, 1865.
RENEE DUKE . I live at 17, Grenville Park, Blackheath, and I am secretary to the Hop and Malt Company—about 5.30 on the afternoon of 4th December last, I saw a cab upset near the Company's premises, over a mound of earth at the side of the road—it was driven by a person named Bracey—I went and examined the horse—it was rather dusk, and I ordered him up to a gas lamp—I examined the horse, there was nothing the matter with it—its knees were not cut—no one else was there but myself and the cabman—the lamp irons of the cab were broken and the hood was cracked, that was all the damage done to the cab—the horse was dark brown, about 13 hands 2, with a rat tail—I ordered the man to call next day, but no one came—on 16th December, in consequence of an application which took place and a letter coming to me, I went to the yard of the prisoner with one of the directors, Mr. Grundy, and the architect, Mr. Moore—I saw the prisoner, he is a cab proprietor, at Henry Street, Gray's, Inn Road—I told him that I was the secretary to the Hop and Malt Exchange Company, I had come with the director, Mr. Grundy, and the architect, to see the horse and cab which was overturned on 4th December, in Southwark Street—he then said to a man, "Bring out that black mare which met with the accident"—a black mare was then brought out by the man Jones—it had a frightful sloughing wound on the off fore-knee—I said, "How comes it that the accident only happened a few days ago and that the knee is in that dreadful state?"—the prisoner said, "Well it is rather peculiar, but the mare's blood must have been in a bad state when she fell"—I said immediately I saw it, "That is not the horse,"—the prisoner
persisted that it was—I said "The directors wish to act fairly in the matter, and if you have sustained any loss they will compensate you"—I asked to see the cab and it was shown to me—I said the mare evidently appears to be suffering very greatly; take her in, I have seen quite enough"—I asked the value of his claim, and he said about 35l.—I was afterwards served with a copy of a writ.
Cross-examined. Q. You say it was dusk when the accident happened? A. Yes—the cab was overturned and the horse too—the horse soon got up again—his head was not held to prevent him rising—he got up himself—the man was thrown off—the lamp irons of the cab were broken and the hood cracked—I did not see any other injuries—I examined the horse—my impression was that he was not much hurt—Jones was the man who was told to bring out the black mare that met with the accident—the mare was brought right out of the stable.
MR. METCALFE. Q. Was there any other injury on the black mare except the one on the knee? A. No, I did not notice any—I know a good deal about horses—I examined the horse directly after the accident and especially the knees—she was driven away in the cab after the accident—she trotted away very well.
RICHARD HENRY MOORE . I reside at 102, Regent's Park Road—I am architect to the Hop and Malt Company—on the 5th or 6th December I saw the prisoner in the Hop Exchange, in Southwark Street—that was a day or two after the accident—he asked me for the persons connected with the building—I asked him what his business was, and he said, "One of my horses and cab was turned over and damaged hero a night or two ago, I want to see the persons about it"—he said the horse was very much damaged and he did not think it would be fit for use again—I gave him the contractor's address and he went away—on the 16th December I went with Mr. Duke to the defendant's stable and saw him again—Mr. Duke said, "We have come to see you about the accident that occurred in Southwark Street," and we asked to see the horse—the prisoner called to a man and said, "Bring out the black mare that fell in the accident"—a black mare was brought out, with a large open wound on one knee—Mr. Duke said, "That is not the mare that fell in the accident"—the prisoner said it was—Mr. Duke then said, "The accident only occurred a few days ago, how is it that the sore should be so great and large"—the prisoner said, "Her blood must have been in a bad state"—he said she was worth either 25l. or 35l., I do not know which—the cab was shown to us, and Mr. Duke said it was the cab, the lamp-irons were broken and the hood cracked—the prisoner said it had been out that morning, and was going out again.
Cross-examined. Q. Did not the company offer him 10l. in the first instance? A. I do not know—I was not present when any offer was made—I was present at a meeting when the matter was discussed—my first impression was that the contractor was liable—I think the offer I heard made was 15l.—I heard 35l. was afterwards paid to Mr. Case, and 12l. to the solicitor.
HENRY GRUNDY . I am one of the directors of this Company—I went with Mr. Duke and Mr. Moore to the defendant's yard—Mr. Duke said that we wished to do what was right in the matter, but we did not consider ourselves liable—I heard the prisoner tell a man to bring out the black mare—I saw her knee, it was in a frightful state; the whole knee was one wound—it appeared to be an old wound—directly the mare came out, Mr. Duke said, "That is not the mare that met with the accident"—the prisoner said,
"Oh yes it is"—Mr. Duke said, "How is it that the mare's knee is so bad in this time?"—the prisoner said, "I suppose the blood must have been in a bad state at the time of the accident"—he said the value of the mare was 35l. before the accident—I saw the cab, it was damaged a little.
WILLIAM JONES . I live at 29, Noel Street, Clerkenwell—I am a horse-keeper—on 4th December I was in the prisoner's employment—on that day Bracey drove a hansom cab with a brown mare, rather inclined to be rat-tailed—she was out in the afternoon—I saw the cab when it came back—the lampirons were broken and the roof was slightly damaged—I saw the brown mare—she was not damaged—her knee was not cut—she went out to work the next day—Bracey drove her for about three weeks after—I remember three gentlemen coming on the 16th December—my master said to me, "Broomey, bring out that black mare"—I brought out the black mare, according to his orders—she had two broken knees; one was rather worse than the other; the brown mare was at the time in the stable; she was not brought out—I did not hear any conversation; I merely led the mare out—the brown mare was a little bigger than the black one—she was from 14 to 15 hands high, and the black was about 14—I was in Mr. Case's employ two months after that, and then I left.
Cross-examined. Q. Why did you leave? A. I left of my own accord—there was no charge about my keeping back money—I swear that—I went into Mr. Angle's employ after that—I was with him three weeks—I have not been in employment since—I was in the Hop and Malt Company's service for six days after I left Mr. Case—I can't say what month it was I left Mr. Case—it was about two months after the 16th December—I then went to Mr. Angle's—I was with him eight weeks and then went to Mr. Moore—I left Mr. Angle of my own accord—I went to Mr. Moore and asked for a job, and I got one—I knew there was a job on between Mr. Case and the Company, but I did not know anything about it—I knew there were law proceedings going on—I mean to swear I did not know what they were about—I did not give them any information about the horse and cart until I was fetched by the cabman Bracey—I was in Mr. Angle's employment then—Bracey took me to the company's place and that was how I got employment there—I had a conversation there about the accident—I went into the service about a month after that—I had been a week in Mr. Angle's service when Bracey came to me, and I remained about a fortnight after—the prisoner said to me, "Broomey, bring out that black mare"—nothing was said about having met with an accident—that I swear—the other mare was dark brown—if Mr. Case had said, "Bring out the mare that met with the accident" I should have brought out the brown mare—if he had said, "Bring out the black mare that met with the accident" I could not have found one—the brown mare was in the stables, owing to the cabman changing horses—if he had used the words "met with the accident" I should have brought out the brown mare because she was not hurt—both the horses are dead—the black one died because she wanted breath—the brown mare died of farcy—the black mare died the same week as Mr. Duke saw her—she was not brought out of the stable altogther—I only brought her to the door, and Mr. Duke said, "Take her back again, poor thing" and I did so—I took the brown mare to be slaughtered, myself—Mr. Case had sometimes 30 and sometimes 40 in his business—a great many are ill sometimes—have broken knees—some of them meet with accidents regularly every night—I believe Mr. Case is blind of one eye.
MR. METCALFE. Q. Then the brown mare died of glanders. A. Yes—she was worked for sometime after the accident, and then died—the black mare died in the same week the gentlemen saw her—she died naturally from the wounds on the knees—Mr. Case buys his own horses—he had seen the black mare before the gentlemen saw her, and the brown one too.
WILLIAM BRACEY . I live at 9, Middle Row, St. Luke's, and am a cab driver—on the 4th December, between five and six, I was driving a cab near the Hop and Malt Exchange, in Southwark Street—I was driving a dark brown mare, rather inclined to be rat-tailed—the horse and cab was turned over a heap of dirt by the side of the road—Mr. Duke came out and saw the accident—the horse and cab was got up and we took it to the light of a public-house and examined it—the horse's knees were not injured—the cab lamp-iron was broken and the hood cracked—I drove the horse home to Mr. Case's stable in Henry Street—I told him about it and he examined the horse the same night—the next morning I drove out the same mare—there was nothing the matter with it—I drove her up to Christmas—I never drove a black mare of Mr. Case's at all—I saw the black mare with a bad knee—I never drove her—I have since heard that she is dead.
Cross-examined. Q. When did you leave Mr. Case's? A. On the 25th December, Christmas Day, because I had not sufficient money to pay him—I have been in the country since—I have driven for Mr. Case four times since Christmas—sometimes for a week or a fortnight together—someone came to me from the Company about a month or six weeks ago—I remember the Oxford and Cambridge boat-race—that was the last time I drove for Mr. Case—on that night I said to Amos Payne, "You can tell Charley Case I sha'n't pay any b——money"—I said I would not drive the cab any more, and I would sell my rug if anyone would buy it—the rug was my own—somebody came to me from the Company the day before—it was not Mr. Moore—I did not go on that day—I went two or three days after I left Mr. Case—I saw Mr. Duke and Mr. Moore—I told them what I have told you—I did not go into their service—I had a few shillings from them—I don't know how much they have given me altogether—I have only had a few shillings—I know Jones the horsekeeper—he was working at Mr. Angle's after he left Mr. Case—I went there to see him with another man—I told him where Jones was to be found—we all three came away together, and we brought him to the Company—it was a day or two after I had been myself—I know a person named White—on the Tuesday after the boat-race I went to Mr. Case's yard, and saw him in White's presence, and said, "About this job of yours, they have been to me and say they have paid you nearly 50l., and it was through me you got it; I think I ought to have some of it"—Mr. Case said, "Why I have not got no more than I ought to have, nor yet so much"—I said, "Well, they are going to do something to you for falsely obtaining this money, and unless you give me some I shall work for them; I shall work for them that pay me best"—he said, "Well, if you can do me any harm you are at liberty to do so"—I know Mr. Ricketts, Mr. Case's attorney—I knew this matter was going on between Mr. Case and the Company before I left Mr. Case—I told Mr. Ricketts that I had been greatly shaken by the fall, and ought to have some damages—Mr. Ricketts asked me to put in my claim, and I would not—that was on the Friday before I left Mr. Case—I told Mr. Ricketts' Clerk that I was all of a tremble, because he asked me if I was hurt—it was only on the night of the accident I was all of a tremble.
MR. METCALFE. Q. Did the attorney take down your evidence for the purpose of the action? A. No—he asked me if I was hurt, and I said I was only shaken—I left Mr. Case on the boat-race night—I used to hire the cab and pay so much for it, and if I did not pay that I could not get the cab next day—I ought to have paid him 17s. for the cab and two horses on the boat-race day—I did not go down to the boat-race.
The following Witnesses were called for the Defence.
JOHN PERRY . I am a cab-driver, and live at Britannia Road, Lower Road, Islington—on the 4th December I was in Mr. Case's employment—up to 4th December I drove a bay mare, and a rusty black or dark brown mare—in consequence of a driver leaving on 4th December I had Bracey's lot of horses—I saw Bracey on the 4th December, he was then driving the bay mare that had had—I did not see the black mare after that—I made inquiries about it—I saw Bracey drive another bay mare after that—I saw the horse that was injured, in the place called the farm, where all the sick horses are taken—it was the rusty black mare, the same one that had been in my lot—it had a bad knee—I did not take much notice—I am not in Mr. Case's service now—I left him at the beginning of the year.
Cross-examined. Q. You drove the black mare till the 4th December, did you? A. Yes—I heard of the cab being overturned—I was driving the black mare two or three days before that—she had not got a bad knee then—she had very nearly a rat tail—she was a black horse, but had been singed, which made her dark brown—a black horse would not singe mouse colour.
MR. WILLIAMS. Q. Did you hear of the cab being overturned? A. heard that Bracey had met with an accident, and the cab had been broke in two halves—I heard that my black mare had been hurt—I saw her three or four days after.
AMOS PAYNE . I am a horse-keeper—on 4th December last, between 6.0 and 7.0, I was in Mr. Case's yard, and saw Bracey come into the yard with his horse and cab—I helped to take the horse out, and washed her legs; her off knee was cut; there was a little dirt in the wound—it was a black mare, singed—I saw her afterwards in the stable—Bracey drove a bay mare afterwards—I saw Bracey when he came home on the boat-race night; he said to me, "Amos, it is all wrong to-night; you can tell Charley Case I have got no b——money"—he did not pay any money that night.
Cross-examined. Q. The mare that Bracey was driving then was a brown mare, was she not? A. No, a black mare, singed; she had a switch tail, not altogether a rat tail—I think Jones was the man who helped me to take the horse out—I saw a black mare with a sloughing knee a week or two afterwards—I don't know that she was borrowed by Mr. Case—she did not go out the day after the accident—Bracey drove a brown mare after that—it was not the one that came in on the night of the accident—I am in Mr. Richard Case's employment now, in the same yard—I do not know a great deal about horses.
JAMES DOWNING . I am a market porter—I was near the Hop Company's premises, and saw the accident—I assisted to get the cab up—I noticed that the horse's knee was covered with mud; I did not see that it was cut—the skin was knocked off his shoulder—the cab went over one side and the horse the other—the driver was thrown from his seat—when they got the horse up they went away—it was going ten or twelve miles an hour when it was upset.
——WALTERERS. I am a horse-cloth manufacturer, at Tottenham—in the early part of December I was staying at Mr. Case's house—I remember a horse and cab coming into the yard, and the driver said he had had an accident by the side of the Hop Exchange, over the water—there was a dark-coloured horse in the cab then—I saw it taken out; its knees and mouth were bleeding—Mr. Case gave orders to wash the knees, and to put a horse in the cart, and we went to the place where the accident happened.
Cross-examined. Q. What day was this? A. I can't say exactly, I know it was the beginning of December—it was a Hansom cab—the horse was bleeding a good deal—there was a cut right across the knee, a little on one side; it was a deep cut—I never saw her afterwards—I received a letter from Mr. Case five or six weeks afterwards—it was dark when the cab was driven into the yard.
WILLIAM WHITE . I was in Mr. Case's yard when the horse and cab was brought home by Bracey—he said he had been upset in Southwark Street—I saw the horse; it was a brown mare, but black from her joints—she was brown from being singed—her legs were washed—the off-side knee was cut—the dirt was washed out with hot water—the other knee was rubbed with gravel—I saw her next day in the stable—she was not driven out by Bracey; he drove a bay mare—I went with Mr. Case to the Company's place next day, and they said the contractor was liable.
Cross-examined. Q. What are you? A. A commercial traveller in the tea trade—I lodge with Mr. Case—I left about 10.0 or 11.0, and returned from business between 4.0 and 5.0—I am frequently in the stables—I saw the black mare soon after the accident—it became a sloughing knee in about a week—there were two black mares in the same stable—the other black mare died, not so much as a month after the accident, of a sloughing knee—the brown mare died not long after from internal injuries received in the accident—I never saw Bracey drive a brown mare after the accident—they generally change horses from 4.0 to 6.0.
MR. RIBTON. Q. After the accident did you ever see him drive a black mare? A. No, he drove a bay mare—I saw the knee of the horse that met with the accident being fomented, and Mr. Case was attending to it—there was a sloughing a week or ten days after—I know a good deal about horses—I saw her once or twice a day until she died.
PETER STARK . I am a carriage and cab-builder, and examined the damaged cab—it was brought to my shop in the beginning of January—the irons were strained, and the hood cracked in two or three places—it would have cost about 8l. to repair it.
THOMAS SANGSTER . I am a veterinary surgeon, at 62, Long Lane, Smithfield—I examined the black mare early in December—it had broken knees, and the joint oil was running—in my opinion that was from a recent fall—both knees were cut—I advised Mr. Case to destroy it.
Cross-examined. Q. Where was the knee cut? A. Right across—the cuticle was cut through—I did not think I could cure it, and I ordered it to be destroyed—I attended another black mare with a broken knee about the same time—it had not got a sloughing knee—I told Mr. Case I could do no good with the one that had the sloughing knee and the joint oil running.
MR. RIBTON. Q. You heard of the accident, I suppose. A. Yes—that accident would be sufficient to account for the injuries I saw on the mare.
COURT. Q. How long after the accident was it you saw the horse
A. Next morning—a person must have been that its knees were bad—it would make no difference if there was mud on the knee—a person must have seen it.
WILLIAM RICKETTS . I am Mr. Case's attorney in this action—the date of the declaration claiming damages for the death of the horse, is the 5th of February—a clerk called on me and asked me what sum my client would accept—I said 35l. and costs, and they sent me a cheque for that amount—Messrs. Thompson and Debenham were the solicitors then, Messrs. Lewis and Lewis are now.
Cross-examined. Q. When did you receive the cheque? A. On 27th February—I never have seen Bracey—I had nothing to do with this matter, my common-law clerk managed it—there was an application on behalf of Bracey for 25l., he having been injured by this accident—I only acted according to my instructions.
NOT GUILTY .
NEW COURT.—Friday, June 12th, 1868.
Before Mr. Common Serjeant.
GUILTY. Judgment respited.
OLD COURT.—Thursday, Friday, and Saturday, June 11th, 12th, and 13th, 1868.
Before Mr. Baron Piqott.
MESSRS. H. S. GIFFARD, Q.C., and POLAND conducted the Prosecution; and MR. SERJEANT BALLANTINE, with MESSRS. SLEIGH and F. H.LEWIS the Defence.
JOHN GRANT . I live at 102, Star Street, Edgware Road—I entered that service of the prisoner in February, 1862—he was then carrying on business at 1, Sermon Lane, St. Paul's Church Yard, as a woollen merchant, I may say as a general merchant, under the firm of Thomas Edgley & Co.—Mr. Henry Edward Watts was a partner in the firm—at that time there was no other firm carried on by the prisoner—afterwards, in May, 1863, an establishment was opened at 88, Oxford Street, under the name of Grant and Co.; that was a mantle and shawl warehouse—Thomas Edgley & Co. were the members of that firm; that is Edgley & Watts—subsequently to that the firm of Whytall & Co., of 46, High Holborn, became merged in it—the firm was Whytall, Elliott, & Co., woollen drapers—Elliott went out of it, and Whytall made an assignment to Edgley & Co.—Whytall & Elliott are both dead—1 think in or about 1864 that business became merged into Mr. Edgley's—there was a firm of E. H. Watts & Co. at Leeds, in 1862, when I went into the employment—the prisoner and Watts were members of that firm—they were woollen manufacturers—that firm had an account with the Leeds Banking Company—in 1862 or 1863 the firm of Edgley & Co., in London, were in the habit of receiving bills signed by Jacob Van Cleef, from abroad—the letters, as a rule, came from Paris—I have seen several of the bills with the heading of "Maydempeck;" they were not accepted by E. H.
Watts & Co.—when those bill were received they were entered in due form in the bill-book, and passed to the Leeds Banking Company for discount, addressed to the manager, all of them, so far as I had cognizance of them—all those bills were duly entered, and very particularly so—I believe Edgley & Co.'s bill-book is in Court—a large number of those bills accepted by Van Cleef were received here in London by Edgley & Co.—I have seen several—they were sometimes accepted by Van Cleef, per procuration—here is one (referring to the bill-book) "No. 2861, J. Van Cleef & Co. to E. H Watts & Co., payable at the London Joint Stock Bank, October 10, due April 13, for 1000l."
COURT. Q. That is a promissory note, not a bill? A. As a rule they were promissory notes, payable to the order of E. H. Watts & Co.—I have taken up several of them, sometimes at Smith, Payne, & Smith's—I have gone there with the money and taken them up.
MR. POLAND. Q. How did you find out where they were? A. We could not find out always—when I did find out it was by going to the various notaries—I had instructions from the prisoner to do so, but I generally knew pretty well where to find them—Mr. Edgley himself had no particular knowledge about it, for he never took up bills himself, but I was perfectly acquainted with the various notaries of the different bankers, so that when I received a cheque in the morning I would proceed to the various notaries and put the question hap-hazard—I got the cheque from Messrs. Edgley, either Mr. Edgley or Mr. Watts, signed by Mr. Edgley or Mr. Watts—I have been in the habit of receiving cheques for that purpose once a week, or ten days, or a fortnight, perhaps, according to the time that the bills arrived at maturity—I received orders from Mr. Edgley or Mr. Watts to take up the bills or notes—the bills probably would become due to-day, and Mr. Edgley would give me a cheque on the following morning, and say, "Grant, go and take up these bills or notes of Van Cleef's"—he might have given orders about other notes and bills besides Van Cleef's, in several instances—I recollect Van Cleef s, that was by word of mouth—I then went about to the different notaries to find out where Van Cleef's bills were—I always cashed the cheque before 1 took up the bills, and paid them in bank notes—that proceeding continued I may say from the middle of 1863, taking up bill of various descriptions, up to the failure of the Leeds Banking Company, on 17th September, 1864—when I got the notes I brought them back to the prisoner—Edgley & Co. were in the habit of receiving these promissory notes from Van Cleef, to the best of my belief, up to the end of 1863—Van Cleef's bills did not go up to 1864—the Maydempeck Forest Company's bills succeeded Van Cleef's—this bill-book is not in my handwriting; the first part of it is in Mr. Green's, the second is Mr. Bertram's, he his here—I heard of Van Cleef's bankruptcy—up to that time I believe Edgley & Co. were in the habit of receiving his promissory notes—I can't be certain when that was—this bill-book was kept in the counting-house of Thomas Edgley & Co., and was referred to by them from time to time—towards the end of 1863, Mr. Bertram was a clerk in the office, I think he came in the early part of 1863 or the latter end of 1862—towards the end of 1863 or the beginning of 1864 I heard the prisoner say to him, "Bertram, go and get some bill forms, if possible, in the French language," and Bertram, I believe, obtained them at Mr. Biden's, in Cheapside—they were filled up for certain amounts, under the direction of Mr. Edgley, and placed on his desk, and then transmitted to the Leeds Banking Company for discount—the name of E. Devillers was
signed to them—(looking at a number of bills) here are five packets of bills—here is one, in packet No. 1, dated 27th February, 1864, on a French form, for 1186l. 7s.—here are four French forms—here is a bill, dated 7th March, 1864, to the order of E. H. Watts & Co., signed E. Devillers, endorsed E. H. Watts & Co., Edward Greenland, and Smith, Payne, & Smith—this is one of the forms purchased by Bertram—the body of it is in Bertram's writing, and the signature, "E. Devillers," is Mr. Edgley's writing; I recognise it as his—it is something after his style, bold—the endorsement, "E. H. Watts and Co.," is also Mr. Edgley's writing—here are four bills, in French, signed by the prisoner, one is dated 27th February, 1864, due 23rd September, for 1037l. 10s.—that is signed "E. Devillers," by Mr. Edgley, and endorsed by him "E. H. Watts & Co.," the body is Bertram's—the next is 1st March, for 1000l, due 3rd October, I say the same of that—the next is 1st March for 1687l., the same—they have all passed through the hands of the Leeds Banking Company—here is an English bill, dated Maydempeck, 10th March, 1864, for 1200l. signed by Mr. Edgley, in the name of Devillers, the body by Bertram, endorsed by Edgley, in the name of E. H. Watts and Co.; there is a foreign bill stamp on it—there are five bills altogether, in a similar form, dated 10th March, 1864, for 1000l., all in Bertram's writing, and signed as the others—here are two bills of 1st April, for 1000l., written by Bertram, and signed by the prisoner in the name of Devillers, and endorsed by him E. H. Watts and Co.—here are two of 10th April for 1000l. and 1069l. 14s., those are in English—these purport to be drawn in sets but they are not, they are separate bills, there is only one of each kind—there are two separate bills of 10th April, and two of 1st May, 1864, I say the same as to those—they all purport to be endorsed by Mr. Greenland—they are on the forms bought by Mr. Bertram—they were filled up in the counting house and ante-dated, all of them, from 15 to 20 days—Watts endorsed a good many of them—in packet No. 2 here are three separate bills, dated 1st March, 1864, in English with foreign bill stamps, endorsed E. H. Watts and Co., by Watts, the body written by Bertram, and the signature, E. Devillers, by the prisoner—here are 30 bills of that class, of different dates, from 1st March to 25th August, all endorsed by Watts—I have here five bills in French, dated 27th February, 1864, signed by Edgley in the name of Devillers, in favor of A. Teal and Co., and endorsed by Teal and Co. in Teal's own handwriting; they are all written in the same way—I knew a firm of A. Teal and Co.; in Leeds—I know Teal personally: Edgley and Co. had business transactions with them—here are 39 bills in English, on foreign stamps, signed and endorsed in the same way, and they bear Greenland's endorsement as well—those bills were passed through the Leeds Bank by Teal and Co., the whole of them are endorsed by Greenland—the body of them is in Bertram's writing, the dates range from 10th March to 25th August, 1864—here is another class, part 4, bills in favor of Teal and Co., they are in English, signed by Edgley in the name of E. Devillers, endorsed by Teal, the body in Bertram's writing—here are one or two that I should say were in Bertram's handwriting, and many of them an imitation—(selecting) that is what I consider a genuine one, and this I consider a good imitation—I don't say it is an imitation by Edgley, I believe it to be in Teal's handwriting; I am not an expert in handwriting, but I should think here are about eight imitations of Bertram's writing, there are ten altogether in the packet; the dates are from 10th March to 25th August, 1864—here is a single bill for 1120l. 10s., dated 24th May, 1864, in English
on a foreign bill stamp, in favor of E. H. Watts and Co., signed "E Devillers," I wrote the name of Devillers there—the body is written by Bertram, and it is endorsed by Mr. Watts—that bill was drawn in June, 1864, during Mr. Edgley's absence on the continent, in Servia, at the Forest—when he came back I told him this bill of the Maydempeck Forest Company was coming due during his absence, and I signed it E. Devillers—that was by no order, I volunteered to sign it—he said, "All right, keep your own counsel, and it will be all right"—after I had signed it, the bill was sent to the Leeds bank to be discounted, and the proceeds of it used to take up one of the Maydempeck bills that was becoming due at that time—the Leeds bank returned us drafts at two months, through Smith, Payne, and Smith, their agents—all the Maydempeck Forest bills with the signature of Devillers were made payable at the London and Westminster bank—Edgley had no account there, he banked at the Imperial bank—here is a bill signed by Teal, in the name of Devillers, dated 20th August, 1864, for 1000l., in favor of Teal and Co., it is endorsed by Teal and Co., and the body of the bill is in Teal's writing, in imitation of Bertram's—none of it is in Edgley's writing—there is another bill for 1430l., dated 20th August, the body of which is in Teal's writing, and the signature, E. Devillers, is Mr. Edgley's; that is to the order of Alfred Teal, and endorsed by Alfred Teal, the body is Teal's writing, in imitation of Bertram's—all the bills in favor of Watts and Co. were entered in the defendant's bill book, we were extremely particular that such should be the case—we kept no note whatever of those in favor of Teal and Co.—they were forwarded directly by Mr. Edgley to Teal—I have taken up several of those when they arrived at maturity; Teal would give us notice a day or two before, and I went, in the same manner to the various notaries but Teal always forwarded the money first—the amounts of the bills were given to Bertram sometimes by me, but as a rule by Mr. Edgley—and the dates—the exact date was not stated, he merely told him to ante-date them for 15 or perhaps 20 days—I have heard that said—I got the amounts from the diary kept of the bills falling current.
COURT. Q. Had you any general instructions from the defendant as to how bills coming due were to be dealt with? A. Yes, on many occasions; from day to day—we used to keep a red book, showing the whole transactions of the month, of all bills becoming due from day to day—it would save much trouble if I could have the red books; there are several of them in Bertram's writing dissected from the bill book—these (produced) are the red books—as the bills came due, Mr. Edgley would say to Bertram, "Go and get me three or four blank stamps"—those stamps would be filled up for the amount required, covering interest, &c.—those bills would be forwarded in due course to the Leeds Banking Company, and drafts to cover the bills about to mature would be sent—as they became due, Mr. Edgley would say to me from time to time, "Grant, attend to those bills," or, "Have you arranged for those bills?"—I had to obtain the amounts of the bills arriving at maturity from the bill book or the red book—Mr. Edgley told me to do that, as a rule—he would say, "Grant, you had better get bills to renew the bills falling due on such a day"—I should then tell Bertram to fetch them—if there was one falling due for 1000l., we should draw one for 1030l. or 1040l. to cover the interest which would be liable on the bill falling due—he gave those instructions to Bertram as a rule but, in my presence: that was only done on the first, second, or third transaction.
MR. POLAND. Q. After that, what was done with reference to those bills? A. Some three or four days before the bills would arrive at maturity, blank forms were obtained from Biden's, and filled up by Bertram, covering interest—he did that many times, at my instance, after the first, second, or third transaction; I got instructions from Mr. Edgley for that purpose—I don't remember an instance of its being done without any communication with Mr. Edgley—when the bills were prepared, they were put on the desk before Mr. Edgley, to be signed.
MORTON LATHAM . I am a clerk in the office of Messrs. Freshfield, the solicitors conducting this prosecution—I served the defendant's attorney, Mr. Downing, who was then acting for him, with a notice to produce, of which this is a copy (This was a notice to produce, among other documents, nineteen bills of exchange, drawn by the Maydempeck Company in favour of E. H. Watts & Co., from 8th November to 10th February 1863—they were produced).
JOHN GRANT (continued). Here is a bill of 8th November, 1863, for 750l., in the French language, to the order of E. H. Watts & Co., signed, for the Maydempeck Forest Company, "Desire," and endorsed "Edward Greenland"—I can't say in whose writing the body is—the endorsement, "E. H. Watts & Co.," is Watts's writing—I can't say who wrote the signature "Desire"—these bills are all entered in the defendant's bill book; they all became due before the stoppage of the Leeds bank, and were taken up by the produce of the bills signed "Devillers," about which I have been speaking—I took them up at the instance of Edgley or Watts—the proceeds of these bills signed "Desire" were used to take up Van Cleef's bills, which were outstanding at the time these were discounted—that system of taking up former bills by fresh ones commenced as far back as July, 1863—they were all bills drawn for the Forest Company, but in the name of different managers, Alphonse Denelly first, then Devillers—I knew nothing of Desire, I never saw him; I never even saw Denelly—I am not certain whether there were any bills signed by Denelly between Desire's and Devillers' bills—Desire was the first, then Denelly, and then Deviller's—I have seen eight or nine of Denelly's bills, and had them in my hand—perhaps it would be right for me to state that all entries in the bill book are in the name of the Maydempeck Forest Company—it is never stated whether they are signed by Devillers or Denelly—I cannot say whether this bill of 8th November, 1863 (produced by defendant) was the first Maydempeck bill; I don't know of any earlier—this ledger (produced) is one of the defendant's books, kept while I was in his service, and to which to he referred from time to time—there is an account here with the Maydempeck Forest Company; it is in my writing—it is at page 503, and is headed, Joint account. Thomas Edgley & Co. and A. Teal & Co., 'it contains particulars of tansactions between Thomas Edgley & Co. and A.Teal & Co., commerncing in 1864, a debtor and creditor account between them—the first transaction is three bills, drawn at the respective dates of 8th, 9th, and 11th January, for 966l. 4l. 7s., and 1376l. 19s—the account shows acceptances give by Edgley & Co—to Teal & Co., the proceeds of which were remitted to Teal & Co.—the three bills amounted in the aggregate to, 3335l.10s.; those bills were forwarded to Teal, who discounted them with the Leeds Banking Company, and remitted a cheque on the National Discount, company for 3557l.—the affair was never balanced, Teal failing to send particulars of the discount, &c.—these were bills between the two firms, drawn in pursuance
of an agreement of 8th January, 1864—they refer to page 61 of the cash book—(referring to it) they were not acceptances of Teal's, but of E. H. Watts and Co., passed to Teal and by him discounted with the Leeds Banking Company—there is another account in the ledger of the Maydempeck Forest Company, at page 579, December 24th, 1863, "by cheque 37l. 16s. 1d."—that is an account merely headed "Maydempeck Forest Company"—This agreement of 8th January, 1864, is in my writing—I prepared it at Mr. Edgley's instance, it is an agreement between Edgley and Teal; I copied it from a piece of paper which Mr. Edgley gave me—after I had copied it, he made some verbal alterations in it—it is signed by him and Alfred Teal—these letters (produced and read by Mr. Giffard in his opening) are in the defendant's writing, with one exception; that is one dated 25th November, that is in Mr. Watt's writing, and is signed "Thomas Edgley and Co., per pro C. H. Watts and Co."—(The first of these letters was from the defendant to Teal, dated 20th March, 1862, as follows:—"For your government and information I enclose Van Cleef's letter of the 16th, by which it would appear if he carries out one quarter of his prospects in the timber affair he will be one of the richest men in Paris. Mr. Greenland has seen this letter, so you need not notice it, read it and return it to me by first post. I am advising Van Cleef to go at once to the spot and make sure that all is and will be right as to the delivery of the railway sleepers. I hand you also the letter received this day, and you will see they want the 500l. bill cashed; it is not likely that could be done in Paris, and besides Hayn is not here to draw it. What can I do in the matter? In fact, Mr. Teal, I advise you, as a friend, not to let this bill go out into the world, you know the time comes when it is due and cross bills like this has a very bad effect; what would your banker say to seeing either Van Cleef's name or our name on an acceptance of yours; think of it and take my advice; I have explained to Mr. Greenland the nature of these timber or Forest of Peck bills, and you need have no difficulty in offering the other one and taking out a draft on London, for 500l. Do this by return, and I will send you back your acceptance. Far better for you to got a remittance close up from Van Cleef and Co., for 500l., than to be on a bill an acceptor for them. I have done more than my part and given them 300l. for your cheque besides."
"You see by his second letter of the 19th that he only waits a cheque for your bill for 500l. to be able to arrange everything to go off to the Danube; so now the matter is in your hands; do as you like, only do it at once, for I am sure it is highly important; but after this I shall not interfere in any arrangement of the kind. You said in your letter he did not even name money matters; you will see them named enough here.")
(The other letters were from the defendant to Greenland, dated respectively, 30th April, 3rd May, 4th June, 1862, 4th January, 1863, 10th June, 22nd July, 25th November, 1863, 11th March, 1864, 17th June, and 16th August; they expressed a strong conviction that the forest company would eventually prove a great success, and urged upon Mr. Greenland not to withhold the necessarry funds for the purpose, by enabling him to meet the various bills falling due, and explaining the various causes of hindrance and delay in forwarding the timber and carrying out the project.)
Q. You mentioned about the signature of Devillers, did you ever see the defendant write the signature of E. Devillers? A. On one occasion, on one of the bills produced—I don't think he was aware that I saw him—the
Leeds bank stopped on Saturday, 17th September, 1864, and we heard of it in London on the 19th—the firm of Edgley & Co. did not stop at all, it always carried on business—a fresh firm was created, Edgley, Watts, and Grant (myself) on Monday the 19th—a deed of partnership was signed by us that day—the firm of E. H. Watts & Co., of Leeds, was given up—Teal & Co., stopped payment, at least Teal bolted—after the stoppage of the Leeds bank none of the Maydempeck Forest bills were prepared in our office, I never saw any.
Cross-examined by MR. SLEIGH. Q. I think you say on 19th September Mr. Edgley had the good fortune to incorporate you with the firm as a partner? A. I was so distinguished—I invested no capital in the firm beyond the little talent I possessed—I ceased to be a partner in November, 1865—an account was then taken and I was found to be inbebted to the firm in a certain sum of money, which I did not pay, but I received a sum of 30l. and also a release for 20l. worth of woollen goods, the amount of the balance against me being about 70l. odd, on partner's allowance—I went into Mr. Edgley's employment in February, 1862—he was at that time carrying on a highly respectable business as a foreign wool merchant, in which capacity I had known him for years previously—I should not call it a leviathan business but a highly respectable one, a very good business, to the amount of some hundreds of thousands per annum. There were only one or two continental customers to my knowledge; they were chiefly in various parts of this kingdom, and some of the best houses in the kingdom and in the colonies—the business at 188, Oxford-street was originally the business of Walter Joyce and Co., who were debtors to Mr. Edgley and failed to a large amount—it then became Grant and Co., Grant being your humble servant—they tried to make the best they could out of a very bad bargain, and a bad bargain it was for them—they owed Edgley and Co. between 1300l. and 1400l—I was not a partner—I accepted the bills—it was done if possible to recoup the amount they had lost—that was also the nature of the transaction with respect to the firm of Whytall and Co., Holborn—I have not taken the trouble to ascertain the amount of the bills of Van Cleef which were in existence prior to the stoppage of the Leeds bank—I have not the least idea of the amount—I believe they were all in respect of commercial transactions of a bond fide character—I believe they were for goods which Edgley sold to Van Cleef, and that they represented bills which were renewed from time to time—I only know that from what I learnt from the ledger—I believe that was the nature of the original debt before I entered the service—that was to the amount of about 9,000l.—I believe that during the time I was in Mr. Edgley's service Van Cleef's bills represented bond fide transactions.
COURT. Q. Did any of the paper that you saw pass in your time represent commercial transactions? A. That I can't say, of my own knowledge, it did not—the bills were received and sent in renewal of others coming due.
MR. SLEIGH. Q. Did I not understand you to say that while you were in the service, and previous to Van Cleef's bankruptcy, the bills represented bond fide transactions between Van Cleef and Edgley? A. No, not while I was in the service—from my investigation of the books I believe there had been bond fide transactions between them prior to that to a very large amount 9000l. to my own knowledge, so far as I gathered from the books—I cannot speak personally to anything else—I should say that a very large
proportion of the 60,000l. was in reference to transactions between them—I should say that the bills which were sent out for and filled up to be discounted, were to honor acceptances coming due which had their foundation in bond fide transactions—some of the bills produced, I believe, were to cover Van Cleef's acceptances—money was transmitted to Maydempeck on several occasions while I was in Mr. Edgley's service, to the amount of some thousands—I am speaking of money transmitted by Edgley to Maydempeck in respect of which bills were drawn and discounted by the Leeds Banking Company—the money that was transmitted was raised on acceptances of E. H. Watts and Co. or Edgley and Co., discounted by the Leeds Banking Company, 12000l. or more was sent in that way—the bills contained in the account of the Maydempeck Company were ante-dated 8, 9, and 11 days—they were all dated London or Leeds—if they were drawn in the name of Desire or the other names they would be dated Maydempeck—they were all made in London—I do not remember money being sent out to Maydempeck before the date of the agreement between Edgley and Teal—I won't undertake to say it. was not so—Mr. Edgley went to Servia on three or four occasions—the first time I believe was in the early part of 1863—he was absent for about two months, I should think—I do not remember remitting money to him on that occasion—he went again about August, 1863—he was then absent five or six weeks, to the best of my belief—we received letters from him very regularly—I certainly had a notion that the whole thing was bond fide—I believed it to be a perfect Eldorado—in the simplicity of my nature, I might have believed that if the Leeds bank had not stopped, it would have turned out an Eldorado—I know that Mr. Edgley chartered ships bring timber from Servia—I do not know how many—I knew it from conversations that I heard between Mr. Edgley and Mr. Waargan and one or two others—Mr. Waargan is a ship-broker in the City—I overheard conversations between him and Mr. Edgley with reference to the ships being chartered—I cannot give you the particulars—the door of the counting-house was open at the time—the charter parties did not come under my observation—I do not know whether Desire was the son of Van Cleef—I never saw him, and I never had a conversation even with Van Cleef—I have seen a man they call Van Cleef, or Jacobs, on one or two occasions at Edgley's—I have never been present at any conversations between him and Edgley—I did not know of plant and machinery being sent out by Edgley to Servia—I do not remember Edgley telling me of Van Cleef having become bankrupt—I heard him tell parties in the counting-house, casual persons who came in, that he had obtained an assignment of Van Cleef's interest in the concession—I believe he went out purposely to obtain it—I did not hear him say that he had instituted legal proceedings in Servia for the purpose of enforcing his right—I heard him say that Van Cleef was a stubborn devil and that he did not think he should get it out of him, but that he had made him give it up—I remember some conversation about Van Cleef's creditors in Paris endeavouring to upset the assignment, and that he had been obliged to take legal proceedings in foreign courts to establish his rights; that was the substance of it—all the bills having relation to the affairs of Thomas Edgley and Co., are entered in the bill books and in the ledger—we were very particular in entering every bill—these books were kept either by Edgley or his clerks, and were open at the counting house to the end—all the transactions were entered.
MR. POLAND. Q. Turn to the account of Van Cleef in the ledger, what
is the date of the last entry there? A. October 15th, 1862, in Mr. Green's writing—that is the last entry of any business transaction with Van Cleef—the original transactions with Van Cleef were genuine business transactions—the amount of them in the ledgers is about 8200ld—when Van Cleef became bankrupt, at Mr. Edgley's instruction I pencilled here, "Cash advances at various times, 12, 680l., interest at five per cent 2140l., various expenses on commission, protested bills, etc., 500l. making an aggregate of 24, 539l. 10s. 10d."—the latter portion of that is in my own handwriting in pencil—there is no date to it, but it was made in 1863, about the period of Van Cleef's bankruptcy—it shows the transactions between Van Cleef and the defendant—those were dictated by the defendant to me about the time of Van Cleef's bankruptcy, when he was about to prove hit debt in Paris—the account was kept very loosely—I had no personal knowledge of it—there was no ledger account—as a rule I should say that the money sent to Maydempeck went through Messrs. Frolich, of Pesth—they are bankers there—I do not know how Frolich disbursed it—I saw Devillers first in 1864, at 1; Sermon Lane—he came there as a clerk in the counting-house—he remained three or four months—I had seen him before, in the summer of 1864, on a casual visit to his uncle, Mr. Edgley—when he was a clerk in the office he made entries of the various sales, and made out the invoices at Mr. Edgley's desire—he was totally unacquainted with and ignorant of commercial matters—I believe it was Mr. Edgley's desire to make something of him if he could—I have seen him here to-day—he is about twenty-five or twenty-six years of age—the Maydempeck-Company's name was not up at Sermon Lane—I know nothing of any such company or its. affairs.
MR. SLEIGH. Q. Have you not heard Mr. Edgley complain of the manner in which the former manager of the Maydempeck Forest Company performed his duties? A. On many occasions—I heard him say that he was a thief and a blackguard, that was Denelly, and that it was his wish to reinstate somebody, because he had no confidence in him—I never heard of an arrangement made to send out Devillers to manage instead of Denelly—I cannot speak to it of my own knowledge—I do not remember anything about it—he might as well have gone there, he was doing nothing—the Leeds bank had stopped payment at that time two or three months.
ERNEST BERTRAM . I was a clerk at Edgley & Co.'s from January, 1863, to July, 1865—I remember being directed to purchase some blank bills of exchange in the French language—that might have been in the early part of 1864, I can't exactly remember—I did so—I filled up a great number of them—a paper was given to me containing the particulars—Mr. Grant would give me the paper, and sometimes, perhaps, Mr. Edgley—the paper contained directions as to the time the bill was to run, and the amount—I have here one bill which is in my handwriting—it has the word Maydempeck on it—I filled up all that which forms the body of the bill—bills were not kept in blank ready signed to be filled up—I know on one occasion there were blank forms purporting to be signed by E. Devillers—I can't tell who wrote the name of Devillers—I believe it was written by Mr. Edgley—I cannot tell how many of them there were, it is so long ago—perhaps there may have been five or six, I cannot say the number—I cannot say there might not have been a dozen—that might have been in some part of 1864, but I cannot fix the time—the bills that I had to fill up were to run for about six months—I ante-dated them, according to my instructions, perhaps ten,
twelve, or fifteen days, or something of that sort—when I had filled them up I put them before Mr. Edgley, in his private office, and they were sent to the Leeds bank for discount—I examined all the bills that were produced before the Magistrate—they did not all bear my writing, only some of them—here is one that was not filled up by me—that is a bill of the 16th March—and here is a promissory note of the same date, not filled up by me—it is very much like my writing—I believe it may have been written by Mr. Teal—I am struck by the imitation of my writing—at first I was almost doubtful whether I did not write it—it is a very good imitation indeed—that has the signature of E. Devillers to it, I believe in Mr. Edgley's writing—it looks very much like his, but that may be an imitation for all I know—Mr. Teal, in the ordinary course of things, did not write at all like me.
Cross-examined. Q. Just look again at the signature E. Devillers carefully, and tell me whether it is not signed by Teal? A. I do not feel myself competent to give an opinion upon it—it resembles Mr. Edgley's handwriting very much—the body resembles mine, but it is not mine—if the signature of Devillers is not Mr. Edgley's it is a very good imitation of his writing—the endorsement, Alfred Teal and Co., is Teal's writing—I have sent Teal bills in the course of business—I have never noticed any sent up by Teal with an imitation like this—here is one in packet No. 4 which is an imitation of mine, but it is not so good as the others—that is dated 10th July, 1864—I believe it to be Teal's writing—the signature of Devillers to this certainly resembles more of the filling up of the body than the others—I believe the bill is an utter forgery, the whole of it—the signature does not so much resemble Mr. Edgley's writing, still it bears a resemblance to it—I think it is Teal's handwriting, the signature as well as the body—this bill (looking at another) is filled up in the same manner by Teal, in imitation of my writing, and I believe the signature of Devillers to be an imitation of Mr. Edgley's writing, done by Teal—this bill is dated 10th March, 1864—(looking at another), the body of this is an imitation of mine, and the signature is the same thing again—this is dated July 20th, 1864—these are written on English forms with foreign stamps on them—the same observation applies to this bill for 1000l.—I believe the signature and body both to be imitations, and imitations by Teal—this is dated 10th June, 1864—here is one bill the body of which is filled up by somebody else, but the words "Maydempeck Forest Company" are in my handwriting—that is dated 20th August, 1864—I believe Teal wrote all these five—the imitation is not nearly so good—the signature slightly differs from that on the other bills—it resembles that of Mr. Edgley—I find it very difficult to say—I think Mr. Teal has done it—I have seen Teal at Edgley's on various occasions—I think in August, 1864, Mr. Edgley was abroad—that was the time the bills were left ready signed in the drawer—the drawer was not locked, as far as I know—some months prior to the stoppage of the Leeds bank, I remember something passing about ships being chartered by Mr. Edgley to go to Servia—I did not see the charter party, but the matter came to my knowledge as a clerk in the office—I saw a paper in reference to the ships—I knew from the ship agents that vessels were dispatched to Servia to bring timber—I saw a list that I believe came from Messrs. Parry and Waargan, the ship agents, who chartered the ship for Mr. Edgley—it was in the English language, and I had to translate it in a foreign language to send to the agent—it was a list giving the names, the tonnage, and all the particulars of the ships—as far as
I can remember it contained a list of five vessels—Mr. Edgley gave me the list, and said "Make a translation of it"—I do not remember haying any subsequent conversation with him about them—I know ship brokers of the name of Theologus & Carnegie, at Galatz, on the banks of the Danube—I have seen Mr. Carnegie at Sermon Lane—I think it was a little after I had made the translation of the document—I have seen him come to visit Mr. Edgley on various occasions, but I do not remember any conversations.
MR. GIFFARD. Q. Take the bills to which your attention has been called into your hand, look at them carefully; you say your own handwriting has been imitated, and you think by Teal? A. Yes; the signature of Devillers resembles Mr. Edgley's ordinary writing, it looks like it—I think it also resembles this of Teal's—they do not write alike; and it is not in the natural handwriting of either—the signature of Devillers resembles Mr. Edgley's writing, that is all I can say; it is not like his ordinary writing: if I said so I beg pardon—I have seen Mr. Edgley sign the name of Devillers—I don't think he did it in his ordinary writing—I don't remember that I ever examined the signature after he had done it: I never had the bill in my hand again—I don't know whether it resembled the signature of Devillers to these bills—I was not near enough to judge; I believe he wrote it more carefully, and slower than he usually wrote; he generally made his signature very rapidly.
COURT. Q. Then do you mean that it was a departure from his ordinary character of writing? A. Yes; it was like this before me—the bills that were in the drawer with Deviller's name on them, I believe, had also "Maydempeck Forest Company" on them—that was some time in 1864—I believe the defendant was abroad at that time.
GEORGE CHANDLER . I a clerk in the office of Mr. Turquand, the official liquidator of the Leeds bank—under the superintendence of Mr. Turquand I have had the affairs of the Leeds bank to a great extent in my hands—I have gone through Mr. Edgley's books, and made out certain accounts in respect thereof—the books are here—I have gone through such parts of his transactions as refer to the Maydempeck Forest Company—they are divisible into three classes, the first consists of bills purporting to be drawn for the Maydempeck Company payable to the order of E. H. Watts and Co., and discounted with the Leeds bank, and the proceeds used for the purposes of Van Cleef's acceptances—the second class consists of bills purporting to be drawn by the Maydempeck Company in favor of A. Teal and Co., the proceeds of which were used to take up Van Cleef's overdue acceptances—the third class consists of bills drawn by A. Teal and Co., and accepted by Thomas Edgley & Co. and E. H. Watts &Co.—those are contained in Edgley's ledger, headed "Maydempeck Forest Company joint account of the defendant and Teal"—I have taken out the gross amounts represented by those different classes of transactions—the total amount of bills drawn under the first class is 67, 786l. 17s., under the second 84, 820l. 6s., and under the third 31, 454l, 3s.—they extend from 8th December, 1863, to 17th September, 1884—I have looked into the prisoner's cash book to ascertain what amount of money he represents himself to have transmitted to Servia; it is about 12,000l., from November 6th, 1863, to August 6th, 1864—that is as an account with Johann Samuel Frolich, banker, of Pesth—the account is in ducats—the mode of disbursement is shown on the other side of the account—on 6th November, 1863, here is "Self 200 ducats," that was a cheque drawn by the prisoner on Frolich—the money transmitted to his account he of course
might deal with as he pleased—the Leeds bank stopped on 19th September, 1864; the total amount of bills then due by Edgley was 108,000l.—in respect of the first class there were bills amounting to 48, 613l. 11s., class two 59,567l. 11s., and class three 15,984l. 11s., total about 114,000l. but the Maydempeck bills, and the balance of the joint account was 108,000l.—Van Cleef was bankrupt in November—the amount of his bills retired by Edgley subsequent to his bankruptcy was 32, 793l.—those were bills to which Edgley himself was a party, either as Edgley or Watts—the amount of Van Cleefs paper retired by Teal, subsequent to Van Cleef's bankruptcy was 29,518l.—I get that from the bank books.
Cross-examined by MR. SLEIGH. Q. Will you tell me, in round numbers, with reference to this large amount of 108,000l., how much hard cash was parted with by the Leeds bank? A. The bank rate never went up to 10 per cent. before the suspension, so you may depend upon it they did not get more than 10 per cent, of the profit; it only went up to 9 per cent. when it ended, and before that it was 5—they parted with all, except what they charged for their profit—up to June, 1864, the bank had discounted for Edgley Van Cleef's acceptances to the amount of 37,000l.—those bills were honoured in the ordinary course—I was first called upon officially to enter upon this investigation about March, 1867—Mr. Turquand was appointed official liquidator of the Leeds bank in December, 1864—I learnt at the Mansion House, for the first time, that Mr. Dresser had been sent out to Servia by the liquidators to report—I know that there was a deed of inspection, or something of that kind; I never read it—I found other drafts besides the one for 200 ducats, sent to Servia in favour of Denelly and other persons; in effect they were drafts drawn in this country on the bank at Pesth—the money was remitted to the banker at Pesth, when there it was to the order of Edgley—any sum was drawn out on his order, and some to the order of his manager, Denelly, and sent to Basziach—we heard yesterday that Edgley was in Servia in 1863, and I see there were drafts to his order on November 6th, 1863; the one I have spoken of for 100l. or 200 ducats—in March and April, 1864, there appears to have been about 7000 ducats sent to Basziach, which I heard was the nearest point to the forest, and where Denelly resided—on 18th February 3000 ducats were sent to Denelly, and on 11th March, 2104 ducats went to Basziach—the greater part of the 12,000l. sent to Pesth was in favour of Denelly and persons other than Edgley—I can't tell how it was drawn out, I have only the banker's account here; by that Edgley only appears to have had about 6000 ducats: that would be about 3000l.
MR. GIFFARD. Q. You have, of course, no other means of knowledge than what Frolich's account describes? A. None whatever.
WILLIAM TURQUAND . I am the official liquidator of the Leeds Banking Company—I believe this (produced) to be a correct copy of a deed which was executed on 19th December, 1864, between Thomas Edgley and Edward Henry Watts, of the first part; Charles Butler and Alexander Young, of the second part; and the creditors of Edgley and Watts, of the third part—it is a deed of inspectorship of their estates—I have not looked at it—it would, of course, contain a deed of release on the winding-up of the affairs—until the early part of last year I had no notice of the mode in which these bills had been drawn in London—I then communicated it to the Committee of Shareholders, and they directed this prosecution under the direction of the Vice-Chancellor—as far as I know they knew nothing
of it until I communicated it to them—the defendant was committed to take his trial a very long time since—I am not responsible for the delay.
Cross-examined by MR. SLEIGH. Q. At the time you instituted these proceedings, under the direction of the Court, were you under the belief that the bills were forgeries? A. I was; my information was, that the defendant had signed these bills—I do not know that it was stated that it was without Devillers' sanction, but that the signature was not the signature of Devillers—I believe it was upon that charge of forgery that the warrant against Mr. Edgley was obtained—in the first instance, I think, the sanction of the Vice Chancellor was that he should be prosecuted for forgery; but we have been more than once before the Vice Chancellor as the case has assumed its different features—two or three months previous to the deed of inspectorship, Mr. Edgley put himself in communication with me about his indebtedness to the Leeds bank, in common with the other debtors—I think I have seen him in Leeds—he came forward whenever he was required to give information with reference to his transactions with the bank—I was the only liquidator; Mr. Young, my partner, did not interfere—Messrs. Bond were solicitors, in Leeds, to the liquidators, Messrs. Freshfields, in London—Mr. Denton, now of the firm of Crowder & Maynard, was there, until the appointment of the liquidator, as the representative of Messrs. Smith, Payne & Smith, the largest creditors; he was then with Messrs. Freshfields—I can't say whether the defendant also gave information to Mr. Denton—I have no doubt he presented himself whenever he was required—he was carrying on business up to December, 1864—I don't think he was carrying on the business; I think he virtually suspended payment as soon as the Leeds bank stopped—I cannot charge my memory whether I had a conversation with Mr. Edgley, at that time, about the Maydempeck Forest business; I think it is very likely—I think he stated that he had been out there on several occasions, and that he had sent out ships for the purpose of bringing home timber from the Danube—I have heard that it was so, but when and from whom I cannot tell; but I think, in all probability, from Mr. Edgley himself—an order may have been obtained by his inspectors, on 17th December, 1864, to take possession of whatever property might be found at the forest, or in the vessels; I think not by me—I have no recollection of any order upon Van Cleef and Denelly to receive any amounts due to him; I should think his inspectors would have obtained that—I concurred in Mr. Dresser's being sent over to obtain whatever timber there was felled, or on board ships—if I recollect right, the inspectors sent him over; I don't think I did—the inspectors were Mr. Butler, and Mr. Young, my partner—that was done with the sanction and concurrence of Mr. Edgley—it was either in 1864 or 1865, very soon after the failure of the bank—I think Mr. Edgley offered to accompany Mr. Dresser, for the purpose of rendering every facility he could in obtaining any property that might be there—I believe he gave notice that he would surrender at the Mansion House on the charge of forgery; and he did surrender, without being taken into custody.
MR. GIFFARD. Q. How long had the warrant been out against him? A. I do not remember—Devillers was first apprehended, and examined before the Lord Mayor several times; he was then discharged—when Mr. Edgley was first committed, witnesses were here from Servia; the shareholders have now declined to go to the expense of fetching them.
to Servia, taking my instructions from Mr. Young—I went to Maydempeck—it is not very far from Ossove, in the upper part of Hungary, on the other side of the Danube—the village of Maydempeck is about twelve miles from the banks of the Danube—the forest extends, in some parts, eight, twelve, or fifteen miles from the river; it is spread about in different groves—the nearest part is about twelve miles from the river—I went out to see what it looked like, to see what there was there—I had no instructions to take possession of any property; I went to give advice as to the best mode of realizing what was there—there was timber in the forest, belonging to Mr. Edgley, it was supposed—I could not find any Maydempeck Forest Company; I tried to find it—I was about ten days at Maydempeck—I found no office of any company, nor any person in the service of such a company.
Cross-examined by MR. SLEIGH. Q. Did you have a communication with Mr. Edgley before you went? A. Yes; he did not offer to go with me to my knowledge, not to me personally—he gave me written instructions for the purpose of enabling me to make inquiries at Maydempeck—I believe they are in the hands of Messrs. Freshfield—they are out of my hands—they were instructions as to what I was to do, and who I was to inquire for—I did not find Van Cleef there, I found him at Belgrade, that is about a day by steamer from Melanovitz, the nearest place on the Danube to Maydempeck—I was two days at Belgrade on my way—I saw Van Cleef there—I made inquiries from him—he was not residing there, he was merely staying at the same hotel that I was—Mr. Edgley had told me I should find Van Cleef either at Belgrade, or somewhere near about there—I found him there, and left him there—I found a forest of valuable timber at Maydempeck—the whole country round about there is called Maydempeck—there was no business carried on while I was there—there was some timber felled—the whole forest I should think would be about twenty leagues in extent—the value of the timber accrues on its being taken down the Danube to Sulina, the port, that is a day's journey—it is brought from the forest to the banks of the river by oxen and horses, and then put on board large flat-bottomed craft, and taken to Sulina—I saw a considerable quantity of timber felled—I did not find any vessels at Milanovitz laden with timber—I went there—there were no ships there, I made inquiries for them—I went up the banks of the river to see if there were any ships lying there—I did not go any very great distance, but the only place where they could lie was close to the village, and there were none there—I went the whole way down the Danube by daylight, when I could have seen any vessel that was there, and there was none but small fishermen's boats—I saw very little timber lying on the banks—I saw some staves, very few, they are made up in the forest; there might have been a couple of thousand—I saw no plank timber there—there is the means of sawing it in the forest—I spoke to Van Cleef about the forest.
MR. GIFFARD. Q. What do you suppose to be the value of the 2000 staves? A. Next to nothing; about 8l. or 10l.—I have some knowledge of the timber trade, I was brought up to it—the forest consists chiefly of beech, with oak interspersed—I know the means of transit down the Danube, I have been all down it—I think it is very doubtful whether timber could be brought with profit from that forest to England with the means of transit there are.
MR. SLEIGH. Q. Did you ever go to Sulina? A. No; I was at Galatz, which is just above—Galatz is the town and Sulina is the shipping port of
Galatz—there is not depth of water for large vessels to go up to Milanovitz—the timber would be sent down from there on floats, veesels of large draught would be at Sulina—Galatz is thirty or forty miles from Sulina—I did not go to Sulina, therefore of course cannot tell whether there were ships there—I had no instructions to look for ships there.
MR. GIFFARD. Q. You went to Melanovitz, if there had been timber loaded in barges you would have found it there? A. Yes—I had notice from Mr. Edgley that I should find it there; I found none.
ELZABETH WARD . I am the wife of George Ward, and live at Cowes, Isle of Wight—in June, 1864, I was cook to Mrs. Fernor, of York House, West Cowes—on 28th of June a Mr. Devillers and his wife came to live there, they lived there twelve months—Mr. Edgley came there the week after to stay with them—he occupied the same sitting room—he used to come nearly every Saturday and stay till Sunday night—he did not come quite so often at the latter part of the year—he could but come to the end of the year—Mrs. Devillers was Mr. Edgley's niece—I know Devillers handwriting—he used to write a letter to the prisoner nearly every night; they were addressed to Mr. Edgley, No. 1, Sermon Lane—I know Mr. Edgley's handwriting—letters used to come from him to Devillers nearly every morning—Devillers did nothing at all while he was at Cowes—Mr. Edgley slept in the house—when he came he did not pay for his board or lodging, he staid with Mr. Devillers—I often saw Mr. Devillers at Bromley—I went there to live with them—Mr. Edgley used to come there to see them.
Cross-examined by MR. SLEIGH. Q. Is Mr. Devillers a gentleman who speaks foreign languages. A. Yes—I did not hear it said that he was likely to go out to foreign parts on business of Mr. Edgley's.
JOHN KIRKBY . I was formerly head clerk in the Leeds Banking Company, of which Mr. Edward Greenland was the manager—he is about 70 years of age—the bank stopped payment on 17th September, 1864—the firms of E. H. Watte & Co. and A. Teal & Co. of Leeds, had accounts at our bank—they stopped payment immediately after the bank stopped—I found the agreement of 8th of January, 1864, among Teal's papers after his failure—the securities of the bank were kept in a safe, and a security book was kept in the same place—at the time of the failure of the bank there was no security, that I know of, in the possession of the bank, relating to the Maydempeck Forest Company, I saw none, nor any securities for the bills of Watts & Co., or Teal & Co. which we discounted—there is no entry of any such in the securities book—the book is here.
Cross-examined by MR. LEWIS. Q. The securities book had been very irregularly kept, had it not, for some time previous to the stoppage of the bank? A. It is a book that I never had in my hand till the failure of the bank—it was kept entirely by Mr. Greenland—I know now that there is no entry in it since October 29, 1863—I presume that we must have had securities since then—I was not present when any samples of wood purporting to be from this forest were shown to Mr. Greenland.
RICHARD ROPE WILSON . I am a clerk to Smith, Payne, and Smith the bankers—in 1864 or 1865, it was my duty to post foreign letters—as I posted them I made an entry in this book (produced)—I posted this one on the 4th of January, 1865, addressed to E. Devillers, Domain, Maydempeck Forest, Servia—it was properly stamped—it came back through the post, marked as it is now, "Mr. Devillers does not live at Maydempeck, for that reason cannot be received"—I also posted a letter on the 24th December, 1864, similarly
addressed; that went out and came back through the post—I posted a third on the 29th December, 1864, addressed in the same way, which also came back through the foreign post, with the foreign post-marks on it—the latter related to the dishonored bills.
Cross-examined by MR. SLEIGH. Q. Did you post any letters before September, 1864? A. I did not.
MORTON LATHAM (re-examined.) I went out to Servia since these proceedings began—I was there in August, 1867—I went to the office of the Minister of Finance and examined a concession of a portion of the Maydempeck Forest—I produce a copy of it, which I examined with the original—the original was in Servian and French, it has been translated; I was able to examine the French, not the Servian—this is an accurate translation of the French—that was the only document I could find purporting to be a concession of the forest or any part of it—I was not allowed to remove the original document—(This being read purported to be a concession of mining and forest rights for commercial and metallurgical purposes)—I also produce two adjudications of Van Cleef's bankruptcy—the second one is dated 29th March, 1864, it recites an adjudication of 10th November, 1863, and that it has been discovered that Van Cleef's name is Jacobs, and that the adjudication refers to him—I also produce a document signed by the prisoner—it is the cession of a concession to Edgley of a petroleum speculation, dated 11th and 23rd May, 1864, old and new style, which concession the grantor holds from the Governor of the Danubian Principalities, having for its object the working of the petroleum springs situated within the said States, described in a list annexed—it is not in Servia.
MR. TURQUAND (re-examined by MR. SLEIGH). I do not know Mr. Carnegie, of Bishopsgate Street—I know the name, I do not know whether he was authorized by Mr. Young to go to Servia in 1865 to make inquiries at Maydempeck—Mr. Young is not here.
MR. BERTRAM (re-examined by MR. SLEIGH). This paper (produced) is signed by A. Teal, and it also has Mr. Edgley's signature (MR. SLEIGH tendered this in evidence, but MR. BARON PIGOTT, upon looking at it, held it to be inadmissible.
Witnesses for the Defence.
JOHN UDALL . I am a solicitor, practising at Leeds—I was acting as solicitor to the defendant in the years 1862 and 1863—at the beginning of 1863 I had a conference with him as to the preparation of the consignment of a concession—but in 1862 I had conversations about a previous deed of arrangement between the defendant and Van Cleef, and I had conversations with Van Cleef also—I have not got the assignment here—I have a draft of it—this is my original draft, as finally settled between the parties—I saw it signed, and had it in my possession—I do not think I can give the date, because my draft unfortunately is not a complete draft as regards the date, but referring to my diary I may say that it was on or about the 27th March, 1863—I have a copy of the agreement as it was finally settled—this (produced) is the original document of September, 1862—it was an agreement entered into when Van Cleef came over to England, by which Edgley and Co. were to be the sole agents in England for the sale of timber, which he intended to send from Maydempeck, and Edgley and Co. were to make certain advances to enable him to carry on the trade, and they were to have the first claim on the shipments
to repay him at ten per cent.; that was the origin of their connection, so far as I am aware of personally—it was signed by Van Cleef, at Leeds, in my presence, and I am the attesting witness to it—this second document is a draft of the assignment of a concession by Van Cleef to Edgley—I got the original document from Mr. Greenland, I last saw it in Mr. Edgley's hands in London, when he was about to start for the forest in order to enforce his rights under it—I believe it is at this moment in the hands Mr. Longworth, the British Consul at Belgrade—it recites a concession of Van Cleef and that Thomas Edgley has either alone or with others made advances to Van Cleef, and that a large balance is owing from Van Cleef to Edgley; it then makes an absolute assignment of the right of Van Cleef, with power to enter at any time, but after all only in the character of a mortgagee—I recollect the failure of the Leeds bank—I was present repeatedly when Mr. Edgley gave information to the liquidators about the forest—I believe he was without qualification or reserve in all his affairs.
COURT. Q. Are you sure of that? A. I have no doubt of it—I do not mean that he told them about Devillers—I mean only in relation to his affairs, not about how the bills were made: there was no explanation with regard to the mode in which the bills were made, I never heard of that, I only meant in relation to his affairs.
Cros-examined. Q. I presume you never knew it while it was going on? A. Certainly not.
JAMES DENTON . I am a member of the firm of Crowder, Maynard & Co.—I was foremerly in the house of Messrs. Freshfields, at the time of the failure of the Leeds bank—I saw the defendant after the failure—for a month before that I was acting on behalf of Smith, Payne & Smith, and when it was telegraphed from London that the bank had stopped, I went down immediately to administer the affairs of the bank—I went down on the Saturday, and returned, and on the Monday night I was there again; and I think I saw Mr. Edgley on the 19th—a short time after I returned to Leeds, a committee of investigation was formed, and in the presence of a member or two of that committee I put certain questions to Mr. Edgley as to his dealings with the bank; he freely answered those questions—his great desire apparently was to state exactly how he stood, for he was in an embarrassed position, and he desired not only to give to me the knowledge of his dealings with the bank, but he also wished very much that Mr. Turquand, who was present, should know the state of his affairs, and Mr. Turquand's partner, I believe, became the inspector of Mr. Edgley's estate—he communicated to the committee his connection with the transactions of the bank, and his own failing state.
COURT. Q. You mean as to the figures and amounts? A. Yes—there was a good deal said about these Maydempeck bills—Smith, Payne & Smith held a large quantity of them—I cannot say whether he gave me any bills of lading, but some came into my hands—I came to London, and went to the firm of Bowness & Carr, of Lawrence Pountney Lane, to whom the ships were consigned—I am not aware how ships are consigned; I should suppose by charter party—I saw no document—I went with the view to raise a surplus, but I never received it—they are agents of great respectability, engaged in the Black Sea trade.
Cross-examined. Q. So far as you know, are those gentlemen alive and still carrying on business? A. I have had no connection with the Leeds
Banking Company's affairs since May, 1864—I think one of the gentlemen was dead at the time—I have no reason to suppose the other is dead.
ALFRED WAARGEN . I carry on business at 21, Lime Street, as a merchant—the only business transactions I had with Mr. Edgley were with reference to the Maydempeck Forest, in 1863—he knew that I was intimately acquainted with the timber trade, and got himself introduced to me, he not knowing anything of that particular branch of the business—he requested me to assist him, and give him information as to the felling of trees, and manufacturing them into not only square timber, but also into staves—I gave him every sort of information, and had many interviews with him, and it ended in his agreeing that I should take charge of the various consignments coming to this country as well as to the continent—I put myself in communication with a great many of the leading houses in the timber trade, in England and on the continent; and he instructed me to charter several ships to convey the produce to this country—that was about the end of 1863—in pursuance of these instructions, in 1864 I chartered some vessels to go to Servia—it was either in December, 1863, or January, 1864, I chartered five ships for Sulina, at the mouth of the Danube; their names were the Dwina, Hercules, Memel, Chard, and Jamaica—some of those vessels belonged to London, probably; I do not know—the Chard belonged to Liverpool—I entered into a contract with the brokers of the vessels, for them to go out to Sulina and bring back timber—I signed a formal charter party—they proceeded to Sulina in the ordinary course—I know they all arrived there, but there was no cargo ready for them—after some delay some cargo came down—some of the vessels were actually laden with staves—I have seen the cargo by the Jamaica, and the part cargo by the Chord, in the docks, in London—the Jamaica brought a cargo of oak staves, and the Chard a partial cargo, a half cargo—I should have thought that the value of the half cargo of the Chard was about 1000l., after the payment of all expenses, and the Jamaica about 1200l.; she was a smaller ship—Theologus and Carnegie attended to the cargo—I know there has been a great deal of dispute about the other vessels—they were ultimately loaded for whom they might concern; they did the best they could—they were laden with general cargoes, not with wood—I believe they came back to this country—they took about three months to go out; they arrived out about May or June; and I should think they got back about September.
Cross-examined. Q. How many of these vessels did you yourself see? A. I did not see any of them—I do not require to see a ship when I charter her—I saw the cargo that came home in the two ships I have mentioned, not on board the ships—I do not know to whom the cargo was consigned—there is a record kept in the docks of the goods that are landed from the different ships, and there is no difficulty in ascertaining what cargo is exposed for sale—I believe Churchill and Sims exposed it for sale—after Mr. Edgley's failure, of course he had no control over the goods—I think the bank failed some time in July or August—I saw the cargoes, I think, at the latter port of 1864, about October—I saw the goods deposited in the docks—they were not consigned to me—I know they were the goods that came in the vessels I had chartered—I learnt it from the books of the docks, and from the Custom House entry—Mr. Edgley asked me to see what could be done in the matter about demurrage—I heard from him that there was a large claim against him for demurrage, I believe on three of the ships—the owners instructed the brokers to see for
5000l.—I do not know whether it has been paid—I have no doubt the suspension put an end to it—those were the three ships that came backwith a general cargo.
MR. LEWIS. Q. Did the ships go out at the wrong season? A. No—we calculated that the goods would be down at the time they arrived—the Dock Company usually paint on the cargoes as the name of the vessel they come from—I saw the name at the time.
ALEXANDER CARNEGIE . I am a merchant, at present carrying on business at 16, Bishopsgate Street—I have a house at Galatz—I am in partnership with John Robertson Theologus—the first time I ever heard of Mr. Edgley, or of the house of Edgley & Co., was the receipt of a letter from London enclosing bills of lading for a shipment coming by steamer to Galatz—that was in the Bummer of 1862—the shipment was for winches, ropes, and gear to be used in working the forest, with instructions to forward them to Van Cleef, at Belgrade—our business was to re-ship them from Galatz up the Danube—that letter was signed Edgley & Co.—the next I heard of the forest was when I returned to England in 1863—Van Cleef and Edgley came to me and asked me to make a contract for carrying timber home—that was at the end of 1862, or the beginning of 1863—afterwards I had to see Van Cleef in Paris; we differed about the rate, and it came to nothing—I was in England in February, 1864—I then received a letter of instructions from Edgley, containing five charter-parties of the Hercules, the Dwina, the Jamaica, the Chard, and the Memel—I saw Mr. Edgley at his office, and he showed me some correspondence from Denelly, his agent, about the timber being sent down—he asked me if I would take charge of the shipments of the timber—I agreed to it, and after I returned to the Danube, the ships arrived and applied to me for cargo—Van Cleef had then failed, and the forest was sequestered—no large timber came down, but five vessels loaded with staves arrived from the upper river—Mr. Edgley came down to Galats, and wrote me a letter, a copy of which I have, giving me instructions what to do—I loaded the Memel with maize, because there was no timber, to the account of Mr. Edgley, and I loaded the Jamaica with staves, which is timber—I loaded the Chard with the remainder of the staves, and filled her up with maize for the account of Mr. Edgley—I afterwards came to England, and when the ships arrived, I dealt with the cargoes under letters of instruction from Mr. Edgley—I have copies of the letters—he had agreed to take up the documents, that is, the bills of lading, on their arrival here—he did not do so, and I then obtained his consent to placing the goods in the hands of Churchill and Sims, for the sale of whom it might concern—the Jamaica and the Memel arrived in this country about August or September, but the Chard not till December—the gross of the dealings with the Jamaica and the Memel, as far as my memory will serve me, was about 3000l. or 4000l., and the Chard's account was about 1000l.—I saw the quality of the wood—a portion of the Jamaica's cargo realized the largest price of any cargo of staves of that year—I have never been to the forest myself, but I know it well by renown and character—it is of enomous extent—in 1864, the inspector of Mr. Edgley's estate sent for me and asked me to take up the forest of Villa Ritza, and also to inquire into the forest of Maydempeck—we worked out the forest of Villa Ritza, and also reported upon Maydempeck, to Messrs. Young & Butler—I have a copy of the report which I sent to Mr. Young at the time, and also a copy of the concession—the report does not contain what I saw, it is information obtained from Van
Cleef, and others who had then got possession of the timber—I never went to Maydempeck Forest itself—I know of the three cargoes of timber of my own knowledge—as soon as Van Cleef knew that Edgley had stopped payment, he sequestered the five ships of timber of which I held the bills of lading; I went to where three of them were, in the domains of Austria, I could not get possession of them, but those that were below the Iron gates I took possession of, and towed to Galatz, and I made a contract to send a steamer to tow the five vessels down, and under the direction of the Consular Court at Galatz, we sold the two river boats to pay for the towage of the steamers: the other three Van Cleef kept in Austria.
Cross-examined. Q. You say that Edgley did not take up the documents, what documents do you mean? A. The bills of lading for the cargo of maize by the Memel, and for the Jamaica's cargo—I have not got an account of the charges—there was a loss on the sale of the maize of 300l.—my loan was for any loss that might arise on the maize being sold—the advance to the Jamaica was about 200l., making altogether 500l., that was the whole of my claim—I cannot tell the amount of the freight—I suppose it was 8s. a hundred staves—the staves by the Jamaica sold for from 25l. to 35l. a thousand—the staves are used to make casks and barrels—I have had account sales and handed them to the inspectors of Mr. Edgley's estate—I have not got any copies of them here—I think it was in September, 1864, that I applied to Mr. Edgley to take up the documents—I am familiar with certain classes of the timber trade, with staves, for instance—Bosnian staves are shipped from the Adriatic, and also from every part of the Danube—the larger amount would go the way of the Adriatic—they do more than pay their charges—it has hitherto been a very profitable and increasing trade until the last two years—there has been a heavy fall in the market since I860, there being now no demand for that class of wood—this is the letter of instruction that I received from Mr. Edgley—(This was dated Galatz, 9th June, 1804, requesting the witness to do the best he could in the shipment of the staves.)
CHARLES LEERS . I reside now in London, and am a commission agent—in 1862 I was engaged with Van Cleef in Paris, who was carrying on business as an importer of English woollens—I became in his employment after he expressed a wish to go over to Maydempeck—he went to Maydempeck, and I took the management of his affairs in Paris—I have been to Maydempeck myself at different times—I went there after Van Cleef's bankruptcy, some time in July, 1864—Van Cleef was there with me—I did not see Denelly at the forest, but I saw him in the neighbourhood of it, at Basziach and Ossove, which was where he lived at the time—I understood he was managing the forest on behalf of Mr. Edgley—he did not receive sums of money from England while I was there, but he received different sums before I came there—I know that, because I have seen his books—the amount I saw was about 12,000l.—I saw a lot of cut timber there in the forest, and staves and planks, and some timber lying in ships at Milanovitz—the four ships laden at that time at Milanovitz contained about 1000 trees, cut square, 3000 or 4000 oak planks, and some thousands of staves; I cannot say the exact quantity—I have seen the bills of lading signed by the different captains of those vessels—I met Mr. Dresser out there, or heard of his being at an hotel at Ossove, but I did not know for what purpose he was there until he left—he made no communication to me—he was at the same hotel that I was, it may be about half a day or a day—the forest is of
very great extent—while I was there I taw timber being dragged down to the Danube by oxen—I have seen a lot loaded, a lot on the way to the floats, and a lot in the floats—I cannot say who was the owner of the forest—I considered Mr. Edgley to be the man who had the management—he was the only man that sent the money down—I saw Edgley once coming from the forest—I saw Van Cleef at the forest—he was superintending there.
Cross-examined. Q. Have you been managing Mr. Edgley's business? A. I have for about a year and a half or two years; from the end of 1864, to some time after these criminal proceedings were taken against him—I was in Sermon Lane—I was not in any employment between the date of Van Cleef's bankruptcy and my going into Mr. Edgley's employ—I had been suing Van Cleef for money which he owed me in Servia, and I was there a year and a half suing him—he owed me about 500l. or 600l. for salary and some advances made—I had given different sums to his family in Paris before his bankruptcy—I cannot exactly say how long before; it might have been four or five months—I was managing his business at a salary of 5000 francs a year—it was for my balance of salary, and for the advances, that I sued him.
GEORGE DENTON . I am a financial agent, at Leeds—I know Mr. Greenland—I got re-discounted, for the Leeds Banking Company, a great number of bills purporting to be signed by the Maydempeck Forest Company—I received instructions from Greenland to do it—he explained to me in the first instance that they were bills that represented property that two of his customers had taken as security for losses made under one Van Cleef, in Paris, as security for money owing to them by Van Cleef—he told me that Teal & Co. and Edgley & Co. were liable to liquidate the bills, and they would be liquidated gradually by the proceeds of the forest, and they would have to be renewed from time to time—he told me immediately before the stoppage of the bank that some had already been paid by the proceeds of wood coming from the forest—he said they proposed bringing out the company as a Joint Stock Company in England, under the Limited Liability Act, and out of the proceeds they raised, the whole of the bills would be paid—he explained to me that these bills were for the purpose of taking possession of bills he held which were unpaid, being acceptances of Van Cleef s—these produced are the bills—I had two separate conversations with Greenland—the first was in March, 1864, and the other in August, 1864, immediately before the failure of the bank—he handed me a printed document, which was a report of some engineer—I said the discount houses in London were complaining of the nature of the bills, and they wanted some satisfaction as to what the nature of the forest was, and he then handed me a report of Mr. Lord, an engineer, of the Adelphi, on the forest, the iron mines, the buildings, and the whole affair—he told me that Edgley and Teal were both interested in the forest.
Q. Did you get the bills on the same day upon which they appeared to he drawn? A. I had one bill given me with a mistake evidently in the drawing—it was given me on the day before it was drawn, and that was the reason I refused to take any more from Mr. Greenland, in consequence of that irregularity—I never knew Mr. Edgley till the autumn of last year—I had never seen him or known anything of him at the time I was discounting these bills for Greenland.
Cross-examined. Q. Did you suppose the bills to be really drawn at Maydempeck? A. I did at first—I did not know that they had been concocted in
London—when they first came to me I presumed they were bills drawn Against cargoes that were to come afterwards—I changed my views about them afterwards, about August, 1864; I believe that was after the great proportion of the bills had been taken—I received from the Leeds bank, and upon which I was liable, about 398,000l. worth of bills—I have paid nothing at all upon them, I was merely the agent of the Leeds bank in these transactions.
COURT. Q. I thought you were an independent financial agent, doing business with the bank on your own account? A. I was acting for the Leeds bank in this matter—I re-discounted these bills for the Leeds bank as their agent—I consider I had no liability to the Leeds bank—I believe altogether the bill transactions between myself and the company, during the time I did business with them, was about 398,000l.—I think I had not more than 20,000l. of the Maydempeck bills—I put my own name upon them—I endorsed under Greenland to the Alliance—I appear to be an independent endorser—the bank discounted for houses in London through me—we were not parties to the bills—I did not go and get money from houses on the bills—I got them from the bank and gave them shorter dated bills in exchange—I took the six months bills and gave them three or four months bills—I should think I gave them twenty different persons' bills—they were persons I knew, but who Mr. Greenland was in direct communication with—the position I was in was this: certain persons in London wanted facilities for discounting, who had short dated paper, I introduced them to Mr. Greenland, he made all the inquiries about them, and having satisfied himself, he took so many of their bills, and instead of giving them cash in exchange through me, he gave these long bills bearing his endorsement.
Q. Then you had to find persons who wanted discount on their bills? A. Yes—I was liable on the whole of the bills at the time the bank stopped, to the amount of 390,000l., not to the Leeds bank—so far as the Leeds Banking Company, I deny any liability to them, because I was merely their agent in the matter.
MR. GIFFARD. Q. Were you to get anything on these transactions, or was it from pure love and affection? A. I was to get paid for them—for that payment I was to facilitate Mr. Greenland in getting rid of his long dated paper, and handing to him in exchange short dated paper—I was to be paid for that—it was part of the arrangement that I was to put my own name on the bills—that was in order that Mr. Greenland should trace the transactions through his books.
COURT. Q. And to give a better appearance to the bills, I suppose? A. No; I don't think so.
MR. GIFFARD. Q. When were you first required to attend here as a witness? A. The first intimation I got was, I think, last October or November—I knew at that time that Greenland had gone abroad—I did not know that he was not coming back—I merely knew it from the public press—I received no subpoena and no notice to attend here when the case stood for trial in August or September—I am not subpoened now.
MR. SLEIGH. Q. Was it in the autumn of last year that you gave any information as to your transactions with the bank? A. It was—I read Mr. Greenland's evidence at the Mansion House, when Mr. Edgley was committed, and was very much astonished at the difference of that statement from what he had told me, and I went to my solicitor at Leeds—I met Mr.
Denton and told him, and he met Mr. Edgley, and told him what I had said, and he sought me out.
COURT. Q. Then it comes to this, that in consequent of what you read in the newspapers you made some communication or other which has brought you here? A. Yes; that was in September, last year.
MR. SLEIGH. How many of these bills had you negociated in the way you have told us before you were aware of the fact that they were not drawn in Maydempeck? A. I gathered, from seeing so many bills, and from the fact of a bill being accidently handed to me one day before it professed to be drawn; my suspicions were excited upon that—I made a communication to Mr. Greenland on the subject—I was never informed that they were drawn in London, that was my own inference, not from any communication with him—I never took another bill after that—that was the conclusion of the transaction as far as regards the Maydempeck bills.
GUILTY .— One Year and Nine Months' Imprisonment .
Before Mr. Recorder.
MR. GRAIN conducted the Prosecution.
DAVID KEBLE . I live at 11, Hill's Lane, Colchester, and am a carman—I was at a public house in Stratford on the 22nd May, at about 11.30—I met the prisoner there, and treated her to some gin and ale—I walked with her I drank some gin, but no ale myself—I had a purse which contained 7l. 6s., and a four-penny piece with holes in, that I had a long time—I had my purse safe, my hand was on it—she dashed away from me, and I thought there was something wrong—I ran after her; a policeman came up—he spoke to someone else—I heard something drop while he was speaking.
Prisoner. Did you not give me 4s.? Witness. No.
GEORGE SMITH (Police-Constable K 446). I was on duty in Angel Lane, Stratford, on the morning of the 23rd May—the prisoner was given into my custody for stealing a purse—I asked the prosecutor what the purse contained—he said 7l.
SARAH ANN SPARKS . I am a searcher at the Western Police Station—I searched the prisoner on the morning of the 23rd—I found 2l. in her outside jacket pocket in gold, loose, a half-sovereign in an inside pocket, and an empty purse—a four-penny piece dropped out of her mouth—I asked her whether she had any more in her mouth—she said, "A shilling"—the showed a sovereign to me, and then swallowed it.
Prisoner. I only had what he gave me. I did not know it was gold.
GUILTY .— Twelve Months' Imprisonment .
Before Mr. Common Serjeant.
MR. PATER conducted the Prosecution.
DANIEL PHILLIPS . I am a farmer, living at Lewisham—the two prisoners were labourers in my employment—on Thursday, the 7 th May last, I found the skin of a lamb under some bushes in a field where my lambs are kept—the prisoners live on the farm, and there is a cooking-house for the convenience of the men—there are cupboards in the cooking house—the prisoners have one cupboard between them—in consequence of some suspicion I went with a policeman, between 11 and 12 on the night of the 10th, to the cooking-house—there was a pot stewing on the fire, with two necks of lamb, and two ribs in it—in the prisoner's cupboard I found a leg of lamb cooked, and a shoulder uncooked—there was a basket hanging up with another shoulder in it—I then went home, and left two constables to watch—on the morning of the 11th the prisoners were taken into custody, and I charged them with stealing the lamb—Webb said he bought it at Bromley—Johnson said he found the lamb cast in a furrow, and had dressed it—I asked him what he had done with the skin—he said he had put it in a hedge near Strawberry-hill gate—I found it in an adjoining field, in a ditch some distance from where he told me—it was the skin of a lamb 10 or 11 weeks old—I know the skin to be mine—it had been recently killed—the lamb was worth about 32s.—if he found the lamb cast in a furrow it would be his duty to bring it to me.
Johnson. I left the lamb, and when I came back the skin was gone.
RICHARD CULPIN (Policeman P 97). On the night of the 11th May I went with the prosecutor to the cooking-house on his farm, with another constable; I kept watch there—about 5.30. in the morning the prisoner Webb went to the cooking-house—I went to the window and saw him take some meat out of the pot, put a portion in the cupboard, and a portion in his basket—I went round and found the other constable talking to Webb, who was wiping his hands—I asked him what he was cooking—he said, "Broth"—I asked him what it was made of—he said, "Bacon"—there was no bacon in the pot—I then opened the cupboard door, took out the lamb that was hot, and asked him if that was bacon—he said it was meat, and he had bought it at Bromley on Saturday night—I asked him whom of, and he said he did not know exactly—I then went and found Johnson asleep in the chaff-house; I told him I wanted him, and took him to the cooking-house, and asked him if the meat in the cupboard belonged to him—he said he knew nothing at all about it, but that some of the bacon was his—he said he knew nothing about the basket or what was in it—I took them into custody.
Johnson's Defence. I found the lamb up in the field on Sunday, and went home, and when I went back again the carcass was gone; the skin was there and I came away, I never brought it home.
Webb's Defence. I was not there when the lamb was found.
GUILTY .— Twelve Months' Imprisonment each .
NOT GUILTY .
MR. LEIGH conducted the prosecution.
JOHN EVELEIGH . I manage the shop of my father, a furniture dealer—8, James Place, Tanner's Hill, Deptford—on the 8th May, about 5 o'clock, some chairs were safe outside the shop—I went away for half an hour, and when I came back I missed two—I saw Brown with a chair on his shoulder—I asked him about it, and he took it off his shoulder and struck me—I gave him into custody, and Triggs also.
JOHN THOMAS ABOTT (Police Constable R 179). I apprehended Brown—he said he was sorry he had taken the chair, and should not have done it but for being drunk—Triggs came up—Palmer said he was the other man.
Brown. I was drinking, and do not recollect anything about it.
BROWN.— Four Month's Imprisonment .
TRIGGS.— Six Months' Imprisonment .
Mr.PATER conducted the Prosecution.
PATRICK DWYER . I live at 2, Tyler Street, East Greenwich—I am a pensioner—I was in Deptford on 2nd June last, I inquired of the prisoner the way to East Greenwich—he was a stranger—he walked by my side 10 minutes—he knocked me down, and took 22s. out of my pocket—I gate information.
JAMES STEWARD . I live in Church Street, Deptford—I am a carman—I was passing down Creek Road, Deptford, on the 2nd June, and saw the prisoner and Dwyer—I saw the prisoner take something from Dwyer's pocket, and run away—I know the prisoner by his living in Deptford.
RICHARD MARCHANT . I am a potboy at the Three Compasses, in Church Street, Deptford—on the afternoon of the 2nd June, I saw the prosecutor and the prisoner together, and heard the prosecutor offer the prisoner a pint of beer to tell him the way to East Greenwich—after, I saw the prisoner put his hand into the prosecutor's waistcoat pocket, and run away.
Prisoner's Defence. It is all false.
The prisoner PLEADED GUILTY to having been previously convicted. Seven Years' Penal Servitude .
NATHANIEL LESTER . I lived at 5, Old Woolwich Road, Greenhithe—on the afternoon of 4th May, I went into a public-house at the corner of Deptford Broadway—I do not know the name—the prisoner was there—she says "Here comes a young navvy, he will pay for a jot of beer, or toss for one"—I
teased with the men, lost, and paid for the beer—I had no further conversation with the prisoner—I crossed the road in coming away—I felt a blow on the side of the head which made me become insensible—I saw the prisoner running away from me—I identified her at the police-station.
Prisoner. Q. Had you not been drinking with me all day? A. No.
SARAH ALLEN . I am a widow, and live at 8, Mill Lane, Deptford—in the afternoon of the 4th May last, I was in Church Street, and saw the prisoner came out of a public-house, run after the prosecutor, and strike him with a knife on the side of his head—she said, "Take that you b——son of a bitch"—she then ran away.
SAMUEL LYNG (Policeman R 159). I assisted the prosecutor into a chemist's shop—I went to Mill Lane, and saw the prisoner run into the taproom, and throw the knife (produced) to the other side of the room—it was picked up by 55R—the prisoner was very violent—I charged her with stabbing—she said she knew nothing about it—I could not say whether she was drunk.
DR. EDWARD HUGH DOWNING . I am an assistant to my father, who is a surgeon-dresser at Guy's Hospital—on 4th May, I was called to Blackheath police-station, and saw the prosecutor there—I found a punctured wound in the head about a quarter of an inch deep—the knife (produced) would cause such a wound.
GUILTY* of unlawfully wounding.— Twelve Months' Imprisonment .
MR. HARVEY conducted the Prosecution; and MR. WOOD the Defence.
JOHN CHITWITCH . I am a watch and clock maker, and live at 7, Broomsgrove Street, Birmingham—on 1st June, about 1.30 in the day, I was coming along the Greenwich Road, and met the prisoner just by the toll-bar—he spoke first, and said that he could see that I was on the road, and offered me a bed for the night—I told him I was on the road, but I had a few coppers sufficient to pay for a bed—he said that if I would pay for a drink of beer he would let me sleep with him; that he was going to see his child, and if I would wait for him he would take me to his lodging—I waited in a public-house for him, and when he returned I took my coat off and threw it over my arm—as I was entering a public-house to get some more beer, he snatched it off my arm and ran away—I tried to catch him, but he was out of sight—I had not given it to him to pawn—I went to two or three public-houses and gave notice.
Cross-examined. Q. Had you any tools in Deptford? A. No—I had come from Guildford a fortnight before, where I had been in the 2nd Surrey Militia—I have left Birmingham five or six months, and have been staying with friends in London—my mother and father have sent me 3l. or 4l. from Birmingham, and I had a little in my pocket when I came away—I have not pawned my tools—I pawned three militia shirts—I was going to Aldershot to see if I could get into the regulars—the prisoner said that I might lodge with him for a week or a month—I stayed for him while he went into the workhouse, and he came out—I did not propose to him that as he was living at Deptford he could get more money on my coat than I could, and authorize him to pawn it—he did not say "You had better pawn your waistcoat than be without money"—Deptford was crowded, it was Whit-
Monday—I afterwards went to the union and enquired his name, and then I went to the police.
MR. M. HORRY. Q. Had you any other coat with you? A. No, and there was a handkerchief in the pocket.
HENRY WILLIAM SMITH . I am in the service of Crossley and Phillips, pawnbrokers, of High Street, Deptford—I produce a coat pawned by the prisoner on 1st June, between 4 and 5 o'clock—I had seen him before—this is the duplicate (produced).
Cross-examined. Q. In what name did he pledge it? A. John Davis—he asked 6s. and took 4s.
THOMAS BELCHER (Policeman R 234). On 2nd June, at 10.30, I took the prisoner in High Street, Deptford—I told him the charge—he said that the prisoner gave him the coat to pawn—he said at the station that I should find the duplicate on the mantle-shelf, which I did.
Cross-examined. Q. Did he say that he had returned to where the prisoner said that he would stay for him, and could not find him? A. Yes—I know the prisoner well, he lives in High Street, 100 yards from where I took him—I knew the shop at which the coat was pawned when I took him, and I told him so—I have known him nearly twenty years.
GUILTY . He was further charged with a former conviction at this Court, in April, 1867, to which he PLEADED GUILTY.**— Eighteen Months' Imprisonment .
MR. PATER conducted the Prosecution.
EDGAR THEOHILUS STEED . I am a miller, of 38, Strickland Street, Deptford—on the 24th May, about 12.30, I was returning home up Mill Lane, and was suddenly seized from behind round the throat by three or four men, and thrown violently on the ground—I struggled—they robbed me of 1s. 3d. in a purse, a knife and everything 1 had except a bunch of keys, and then ran away—it was dark, but there were a good many lamps—I cried out "Police" loudly, and they put my handkerchief over my mouth—the prisoner is one of the men, I knew him by sight—I saw him when he was going away—my handkerchief was left on the ground.
Prisoner. Q. You have said that you could not swear to me, it was too dark? A. I do not swear to your features, but I swear to you—I have been in the habit of seeing you over three years, although I never spoke to you—I only saw your features for an instant, but can speak to your figure and dress—I picked you out on the following Tuesday from fifteen or seventeen men.
JOHN EVELEY . I am a broker, of 8, James Street, Tanner's Hill, Deptford—on 23rd May, about 12.20, I saw Steed enter Mill Lane, and shortly heard the cry of "Police" in the direction in which he had gone—I went into the lane and saw the prisoner and other persons holding Steed by the throat—I turned back, met two constables and told them—I swear positively to the prisoner, I know him by sight.
Prisoner. At the Court you were thirty yards away, and could not swear to my features? Witness. I said I knew you by your back and your clothes, I could not see your face—there was a gas lamp and I saw you quite plain.
GEORGE DIGBY . I am a brick maker, of Cold Bath Row, Greenwich—I was in Deptford Broadway, on this night, and saw the prosecutor go down Mill Lane, the prisoner and some others who were standing by the fountain went down and caught him by the throat—I heard the prisoner say that he would strike him, and I thought he meant me—the prisoner caught Steed by the throat and dragged him to the ground; they struggled—a policeman came in three or four minutes, and the prisoner and the others ran away—I have known the prisoner for about eight years—I picked up Mr. Steed's hat and put it on his head.
Prisoner. Did not you say at the station that you saw three men run away, and you could not swear who they were? Witness. No; that was the policeman, I told him I could swear to you.
SAMUEL LING (Policeman R 159). I took the prisoner on Tuesday morning, 26th May, in the Broadway, Deptford—I told him the charge—he said "All right"—the purse was found in the pocket of a man who was discharged at the Police Court.
Prisoner's Defence. I thought he said "On a warrant," and I said I would go. I am innocent, I never did such a thing in my life.— GUILTY . He was further charged with a previous conviction at Greenwich, in June, 1864, to which he PLEADED GUILTY.**†— Seven Years' Penal Servitude .
MR. PATER conducted the Prosecution; and MESSRS. LEWIS and STRAIGHT the Defence.
ROBERT DAZIEL . I live at 2, Carr Street, Millwall—I am foreman to Mr. William McArthur & Co., ship breakers, of Clyde Wharf, Millwall—we have lost several pintles similar to this (produced)—I missed some at 6 o'clock on the morning of 23rd April—I had seen them safe the night before, at 6 o'clock, attached to the rudder of a schooner—the rudder was unshipped, and made fast to the wharf by a chain—I recognize these pintles as ours—they fit into the rudder; the holes correspond—they are worth about 6l., old metal—I gave information to the police.
Cross-examined. Q. You sell these things, don't you, as old metal? A. Yes; the prisoner would buy these things in the ordinary course of his business—I should think 41/2d. a pound scarcely a fair price to give; I should ask 61/2d., but of course that would be too much for a marine store dealer to give; I should say 5d. or 51/2d. would be a fair price for him—I know his shop, it is on the opposite side of the river.
JOHN VARLEY (Thames Police Inspector). On Friday, 24th April, about 11.30, I went to the prisoner's premises with another constable—he keeps a marine store dealer's shop, at East Greenwich—I saw him in the shop, and said, "Are you Mr. Robinson, the master of this shop?"—he said, "I am"—I said, "I am an inspector of police, and I wish to know what metal you have bought within the last two days"—he said, "That is all the metal I have bought," showing me some pieces of old metal—I said, "Are you quite sure that is all you have bought?"—he said, "Yes"—I said, "Then will you allow me to look over your premises?"—he said, "Yes, but before I allow you to look, how am I to know that you are what you say you are?"—I showed him my warrant-card—I was in plain clothes at the time—he said, "Very well, now you can look"—I went into a room at the back of the shop, and in a bag, amongst other metal, I found six
metal bolts, which I produce—I said, "How long have you had these bolts?"—he said, "I have had them some time, I bought them with other old metal"—I then went into a shed in the back yard, and underneath several bundles of rags in one corner, I found these metal pintles—I said, "These are what I am looking for; how do you account for having these? they have been stolen"—he began crying, and said, "I wish I had told you the truth at first; I bought them of a man, I do not know his name, but I believe he is a dredgerman"—I said, "What did you give for them?"—he said, "3l. 10s."—I said, "Have you got anymore, because I intend making further search"—he said, "Yes, but do forgive me"—I then went into the back of the shop, and from the middle of a large heap of rags, the prisoner pulled out a metal bearing, weighing nearly three-quarters of a hundredweight—he said, "There, that is all I hare got, so help me God! now you can search the house freely"—I asked him where he got it from; he said "Of the same man"—I then went upstairs, and found a bag of new nails—I asked him how much he gave for the metal—he said, "I gave 4l. for the pintles, and nearly 1l. for the bearing; I can't say to a 1d., or 2d., or a 1s."—I asked him if he had made any entry in his books of having bought such things—he said, "No"—he showed me his books, and there was no entry.
Cross-examined. Q. Did not he tell you that he bought them of a man named Blackmore? A. No; his wife said so, and she gave his address—that was after the prisoner was in custody—I do not think he was present—he might have told me the man's name after his wife had given it to me—I went to the address she gave me, and found a man named Blackmore had been living there, and had absconded—I know that the prisoner has issued handbills offering a reward for the apprehension of Blackmore—before I took him to the station he offered to take me to the man's house, although he could not recollect the address—I did not go with him, because he was then in my custody, and I thought it proper to take him to the station—Blackmore is a dredgerman.
NOT GUILTY .
Before the Common Serjeant.
MR. STRAIGHT conducted the Prosecution.
JAMES HASTIE I am an oil and colourman, of 322, Grange Road, Bermondsey—early in March, my shopwoman, Eliza Collis, called me into the shop and said, "This woman" (Viney, who was there) "has given me a bad shilling"—Viney said that she had been in the habit of dealing at the shop, hut I did not know her, and took her to the station—she said that she was a respectable woman, her husband was a French boot-maker—Gibson then came in, he called her his wife, and said that she was never in trouble before, and that 5s. were left upon her mantle-shelf in the morning—I then withdrew from the prosecution, I gave the 1s. to the policeman.
Saturday night, the 9th of May, I served Viney with lib. of flour and a loaf, they came to 61/2d., she gave me a bad florin—I told her it was bad—she said, "My husband gave it to me"—I said "I cannot let you have it again, but I will mark it in your presence, and if your husband comes for it and brings a policeman, I will give it up"—she left, and I changed my hat and coat and followed her to Walworth Road, where she met Gibson and said, "They detected it in a moment, and marked it"—I followed them about a mile and a half into Newington Butts—I saw him give her a florin from his pocket in Lower Kennington, he told her to go to a little baker's shop, which they had just passed; she did so, and was served with flour and bread—I stepped into the shop—a florin was put on the counter, and Mr. Unstead was about to give change—I said "Do you know what you have got? '—he said, "Oh! it is a bad florin"—I said "Yes, there is another one"—I sent for a constable.
JOHN UNSTEAD . I am a baker, of Lower Kennington Lane—on the 9th of May I served Viney with a loaf, which came to 41/2d., she gave me a florin—Mr. Hills came in before I took it up and asked to be allowed to see it, and said that it was bad—I tried it and told her it was bad—she said that she did not know it—Mr. Hills went out while I kept her, and in about ten minutes Gibson came in and they spoke together—she told him it was a bad one—he said "Never mind, I have some more money, and took out a 6d. and laid on the counter—Mr. Hills then came in with a constable—I gave him the florin, and he took the prisoner.
FREDERICK GREENFIELD (Police Sergeant L 17). I was called and found the prisoner in Mr. Hills' shop. I received this florin (produced) from Mr. Unstead, and this other from Mr. Hills—Gibson said that he met the woman, but knew nothing previously of her, and they were going to have something to eat—Viney said she got the florin from her husband—I asked her who her husband was, she said "That man,"—Gibson denied all kuowledge of her, except meeting her that day—they have been living together there about six months—I found on Gibson two sixpence, a fourpence, a box of violet' powder, some pills, tea, sugar, and other small parcels—at the station, Gibson said again that he did not know Viney.
Gibson's Defence. I saw the woman on Battersea bridge, very ill, she said that she had had nothing to eat or drink since the day previous, and that her husband had left her that morning. We went and had some dinner, and then to the Elephant and Castle where she stooped down, and I missed her. She did not tell me what she picked up. Going home I met her again. She asked me for a 1d. to get some bread. I turned back, and saw her in a baker's shop, and a florin lying on the counter. I paid with a 6d., and we were both taken.
GIBSON— Twelve Months' Imprisonment .
VINEY— Nine Months' Imprisonment .
MR. LEE conducted the Prosecution; and MR. WRIGHT the Defence.
JAKES FINNIGAN . I live at Pierrepoint Row, Wandsworth—on Sunday night, 5th April, towards 11 o'clock, I was drinking at the Princess of Wales public house—one man was making a disturbance, and he was put out by
the potman—he was the only one put out—the landlord afterwards told us it was time to go, and we all went out—I was talking to Joseph Neale, and as I got to the top of the Jew's Road an elderly gentleman said, "Good night"—I said, "Good night," and as I turned round a man came up, shoved his hand to my side, and ran towards York Road, Battersea, saying, "Come on"—another one ran with him, and the elderly gentlemen stopped—I then felt a pain in my side, rubbed it, and found my entrails out in my hand—I was in severe pain for a good while—I was laid up for seven weeks—I had had a little beer, but was quite sensible—I cannot swear to the prisoner, it was done in a moment, and I only saw the man's back—I had not quarrelled with anyone.
Cross-examined. Q. Was there any disturbance in the house? A. There was a quarrel, but no disturbance connected with me—my opinion is that it was a taller man than the prisoner—I have no recollection of seeing the prisoner that evening.
MR. LEE. Q. Was your opportunity of seeing the man so slight that you cannot give a definite opinion on the matter? A. No.
COURT. Q. Can you swear that the prisoner is not the man? A. No; nor that he is.
THOMAS FUTER . I am a waterman, of 2, Catherine Terrace, York Road, Wandsworth—I had been in the public-house, and when I was opposite the Jew's Road I saw Neale and Finnigan, eight or nine yards from me—I saw the prisoner draw a knife or a dagger out of his pocket, stab it with force into Finnigan's side, and run away, and another man with him—Finnigan called out, "I am stabbed,"—I undid his trousers, found blood there, and assisted him—a surgeon was called—I was sober—I swear it was the prisoner who did it—it was Betteridge who was put out of the public-house.
Cross-examined. Q. You have been examined before; did you say, "I cannot positively swear whether it was the prisoner or Wright who had the dagger, I have seen so many men since like the prisoner?" A. Yes; I swear to him now, because the last time he was up at the police station he said he had a good mind to say that he was guilty.
JOSEPH NEALE . I live at Chapel House, Lower North Street, Wandsworth—I was with Futer, and saw the prisoner strike Finnigan with some weapon, and then run away, and another man with him—I am sure it was the prisoner—I saw something glitter, and Finnigan said, "I am stabbed"—I had not been in the public-house—the prisoner and two more men came out of the public-house before Finnigan—I was about two yards from Finnigan when he was stabbed.
Cross-examined. Q. How many yards do you think you are from the prisoner now? A. About five—he was so much altered on 12th May that I could not swear to him—I have said "I did not know the prisoner before, I cannot be on my oath that the prisoner is the man, I have seen so many more like him"—that is true, he was so much altered—he is not altered now—I have said there were two men with the prisoner, Betteridge is one, and the knife was in the hand of the one who ran away—I swear now that the knife was in the prisoner's hand, although I could not swear it when my memory was fresher.
MR. LEE. Q. Are you prepared to say that the prisoner is the man you saw stab Finnigan? A. Yes, I have no doubt about it.
him, but I knew him when I saw him—Futer said, "That is the man, but he had some hair on his chin"—I said to the prisoner, "Had you any hair on your chin on Sunday?"—he said, "Yes, I had, and I was in Wandsworth on Sunday"—I had told him the charge before that, and he said, "I am innocent, I never used a knife or dagger in my life, I shaved off my hair to cool it"—I took him in custody.
Cross-examined. Q. Was this at his own house? A. Yes—I have known him eight or ten years—I know nothing against him—he is a steady, peaceable man.
JAMES HENTHORN TODD COLLIER . I am a surgeon, of Battersea Rise—I saw Finnigan in the Wandsworth and Clapham Union, on the morning of 6th April—he had a punctured wound in his belly, such as might have been done with a knife or a dagger—it was near the right groin, three-quarters of an inch long, from which part of the bowels protruded—I had to enlarge the wound to return the bowel—I then strapped him up, and he is quite well now—I considered him in danger—he was under my care for a good while.
NOT GUILTY .
560. HENRY CONWAY (21). PLEADED GUILTY ** to burglariously breaking and entering the dwelling house of John Lemon, and stealing therefrom two frocks, and other articles, having been before convicted.— Eighteen Months Imprisonment .
MR. SERJEANT BALLANTINE, with MR. POLAND conducted the Prosecution; MR. RIBTON, the Defence.
MATTHEW A. PIERPOINT . I am a clergyman of the Church of England—in June, 1863, I resided at Cardiff, Glamorganshire—on 2nd June, 1863, I performed the marriage ceremony between two persons—this (produced) is a copy from the marriage register of the parish church; the ceremony was performed by me—(This certified the marriage of Charles Julian Reeve and Annie Rickaby, bachelor and spinster, of full age, on 2nd June, 1863, the bride's father being described as "Robert Rickaby, merchant)—the prisoner is the lady that I then married—I have seen the husband—as Julian Reeve, since the marriage, on 24th April, this year, at Exeter—I had seen the prisoner and Mr. Reeve at my house, before the day of the marriage, about making the arrangements—they called together, and made arrangements for the marriage on the following morning.
Cross-examined. Q. Did you know Mr. Reeves before? A. No, he was a perfect stranger—I don't know whether he lived in the neighbourhood—I never saw him afterwards till 24th April, this year, at Exeter—I can't say for how long I saw him—perhaps an hour or two.
MR. SERJEANT BALLANTINE. Q. Had you any conversation with him? A. Nothing more than might happen in an ordinary way of meeting a person—I had conversation with him—I have not the least doubt about his being the person—I can't say his age; he had neither whiskers or beard; he might be about thirty, but I can't say exactly.
MARY ANN SPARKES . I am a dress-maker, and reside at Carlisle—I compared this certificate with the register, it is a correct copy—(This certified the Marriage of Robert Mills and Annie Laura Rickaby, bachelor and
spinster, at St. Cuthbert's, Carlisle, Cumberland, on 22nd January, 1866, the bride's father being described as Robert Rickaby, Major in the Army)—I was present at the marriage—the prisoner is the lady who was then married as Annie Laura Rickaby—I was one of the witnesses to the marriage, and signed the register.
Cross-examined. Q. Did you know her before that day? A. No, or Mr. Mills either—I never saw them after they left the church—I was serving my time to the clerk's wife, and I was asked to be a witness.
CHRISTOPHER LITTLE . I am parish clerk of St. Cuthbert's, Carlisle—I was present at a marriage on 22nd January, 1866—the ceremony was performed by the Rev. B. A. Marshall—the prisoner is the lady who was married on that occasion to a person named Robert Mills.
Cross-examined. Q. Did you know Mr. Mills? A. No, I never saw him before the day before the marriage when he called upon me, and I have not seen him since, except after the marriage at the hotel where they were staying.
JOHN LETTY (Policeman L 3). I took the prisoner into custody on 20th April, on the arrival platform of the Waterloo station of the South Western Railway—at the station she gave the name of Annie Rickaby.
MR. RIBTON submitted there was no case for the Jury, at the prosecution were bound, by a recent decision in Q. v. Briggs, to show that the prisoner knew her first husband to be alive at the time of the second marriage (see also Q. v. Cirwurgeon, and Q. v. Turner, 9 Cox Crim Cases)—formerly the burthen of proof lay on the accused to prove the death, but he contended under the authority of these cases, it was for the prosecution to show the husband living, otherwise no offence was committed.THE RECORDER was clearly of opinion the case must go the jury, he had never before heard the objection raised; the cases cited turned upon the words of the exception in the statute as to the absence of the husband or wife for seven years—he should advise the Jury if the first husband was alive at the time of the second marriage, to find a verdict, of Guilty.
Witnesses for the Defence.
ROBERT RICKABY . I am the prisoner's father—I was not present at her marriage with Reeve—I knew of it and sent them money to get married—she continued to live with him perhaps fire or six months, I do not recollect, my memory is not very good—she lived with him at Exeter, Bradford, and Yarmouth—they lived at my house, and at my expense—she never cost him a penny from the time of his marrying her till he left her—he was an actor—he left her about May, 1863 (looking at a bill of exchange) he left her about two months before this bill fell due, which was on 2nd March, 1864—he must have left her about January—he never gave her a farthing from the time of the marriage—he made no arrangement before he left her to send her a monthly allowance—she remained at my house, and he went away—I did not hear from him at all—she might have heard from him, but not that I know of—this is a bill of exchange drawn by me upon Reeve, and accepted by him—the bill was regularly presented when due, and was returned to me as not paid—some time after it became due, in consequence of his being indebted to me, I made inquiries about him—I inquired of his mother, at Carlton Street, Pimlico—I saw her—before I saw her I had received this letter (produced) and I sent it to my daughter under cover to Doncaster—I did not show the mother that letter when I saw her, I had it not with me—I asked her about her son—I
afterwards communicated to my daughter what she told me—I told his mother that he was indebted to me and that the bill was not paid—she told me he was dead, that he died in Dublin—I told her I had received a letter—she did not say whether she had written it or not; she did not say anything against it, she did not deny it—I have not got the envelope—(Read "Miss Rickaby, Madam—This is a painful duty for me to perform but one that must be done; I much regret that you, upon such a short knowledge of the party, should ever have married. You are not his wife by law, for Reeve was not his name, he only took it on the stage, and was under age when he took you. You need not fret, the poor fellow died on 24th of last month, of small pox; he asked me never to let you know his name was not Reeve, but now he is gone it can make no difference to him; then if your child lives, never call him Reeve, Bryant Ruther was his right name. I can say no more, I thought it right to let you know all. I send this to you through your father, not knowing where to find you, only your father through Moon's office.") The letter came through the office of Mr. Moon, hop merchant, who I was doing business for at that time, I called on the mother after I had received this to see what she intended to pay me towards the bill and towards my expenses for keeping my daughter—the bill fell due in 1864—I did not make inquiries immediately, I kept it over—I thought he might return, or they might become friends again—I received this letter in 1865 and went and saw her shortly after within eight or ten days—my daughter was living at my house then—I communicated to her everything that I knew—the letter was sent to me, but was written for her—I might have destroyed the envelope at the time, for I sent it under cover in my own letter, just enclosed—my daughter went into mourning in consequence of the statement I made to her; I put on slight mourning myself, a hat band and so on; I believed the statement made by the mother and I should say my daughter did—I never saw or heard of him since in any way until this trial.
Cross-examined. Q. You heard after the examination at the Police Court that Mr. Reeve was alive and at Exeter, did you not? A. Yes—I heard that—I did not make any inquiry—I did not preserve the letter I forwarded it immediately I got it to my wife—she is alive and only just alive, she is near her death; she could not be brought here—perhaps I did not forward the envelopes as well, I don't know whether I might, I can't recollect—I thoroughly believed the letter—I went to see the mother because I thought she might pay part of the money, but she would not—I saw her at her own house in Caroline Street—I have not made any inquiries about her since—I don't know whether she is alive or not—I am a merchant, in different articles, malt, and different things—I am in the malt trade, the hop trade, and so on; isinglass; nothing else—I had a place of business at Sunderland many years ago, but I have not been in business for the last twenty-one years—I am doing business on commission now; I am agent for a hop house—I have a place of business in the Borough, Three Crown Square—1 don't occupy anything there, I represent the firm of Preston & Co., in the hop trade—I am employed by them; I am in their regular service—I swear that, with a salary—I don't tell you what salary—I have a regular salary, paid quarterly; that I swear—I have been for twenty-one years in the same way with other parties—I have been with the same firm I am with now about a year and nine months—at the time my daughter was married to Mr. Mills, I was with Moon's, in the hop
trade—I heard of her marriage with Mills after, I did not hear of it before it took place—he ran away with her, the same as the doctor did—I am called, in one of the certificates, a major in the army—I had a cousin who was a major in the army—perhaps my daughter might have been in the habit of describing me as a major; I did not know that she was, not generally; I never heard it before—we have four majors in the army connected with my family, and a colonel as well—the way in which I account for my daughter calling me a major is, that Major Rickaby was a cousin, and when we were at York I was often called Major Rickaby—I don't think my daughter took me for my cousin, but other parties might—I never represented myself as a major, in a general way; I have never done so in any way that I recollect; she might represent me so—I don't know that she represented me to Dr. Blackmore as a major; I never heard her—I don't know that I have not received letters from Dr. Blackmore addressed to me as Major; I never looked at them to see—I don't know whether they were addressed that way or not, I can't say—I took the letters in as a matter of course, and opened them—they were applications from him to say whether he was bound to marry her—I may, perhaps, have answered to the title of major; I don't know why; perhaps one cause was that I had four relations majors—my daughter's name is Annie Rickaby—Annie is her only Christian name; that is the only name she was christened by—I see she is called Annie Laura in one of the certificates—that might be her husband's fancy, or her own—she is described as Annie in one certificate, and Annie Laura in the other; and I am described in one as a merchant, and in the other as a major—my daughter was not divorced from Mills—I never represented to Dr. Blackmore that she was—I don't know that my daughter did—I have not heard from her that she did; she made no reference of the kind to me so far as I recollect—I don't know whether I should be likely to forget it; my memory is very treacherous—I am seventy-five years of age—sixty-five, no, sixty-seven, and of course you cannot expect my memory to be like yours.
GUILTY . The Jury, in answer to questions put to them by the Recorder, found that the first husband was in fact alive at the time of the second marriage, and that the prisoner did not believe him to be dead.— one Month's Imprisonment .
MR. WOOD conducted the Prosecution; and MR. PHILLIPS defended Lewis.
CHRISTOPHER EDWARDS . I am a labourer, and live in the Borough—on the night of 2nd June between 6.0 and 7.30, I was walkng up the Lambeth Cut with an acquaintance named Tyler—we were sober—I had seen the prisoners about 1 o'clock that day, when a man named M'Carthy asked me to give him some tobacco, I told him I had none—Lewis walked up and said, "We've got money to buy our own tobacco,"—in the evening I was coming from the Mitre, where I had had a glass of six ale, and a pot of half-and-half, another man asked me for a pipe of tobacco—there were then three or four men, and more collecting—I told them I had got none—one man said "If I had some baccy I'd give 'em some in a minute"—Lewis ran up and knocked me down—Budd used very bad language—he said "You b—y sod, I'll kick your guts in, and murder you and the like"—he knocked me down again, and a third time near the Victoria
Theatre, where Lewis and another man lay on me—Budd took the money out my pocket—I told him he was getting my money—a shopkeeper led me into a pie-shop while he fetched a policeman—I gave Budd into custody—he said, "You shall remember this, you sod, and I'll blind you, and murder you"—I saw afterwards Lewis and a young woman, Emma Curtis—I gave him into custody.
Cross-examined. Q. When did you drink this beer? A. between 1 and 6 o'clock—I had had no quarrel with these men—there were a great many people about—there always are there—there were seven or eight altogether all in the gang.
GEORGE ROBGENT (Policeman L 12). About seven, on the 2nd June, I saw a crowd of about 300 people in the New Cut—I saw the prosecutor with all his clothing torn off—the prisoner was given into my custody.
Budd. How much money had I? Witness 8d.
Lewis' Statement before the Magistrate. All that the prosecutor said is all false. I was at the Alfred's Head at 7.15; my young woman came to me at the Alfred's Head and called me out, and we walked up as far as the Victoria; when we got against the Victoria it was full; I was making away towards Waterlow Road to get home, and I see a mob at the corner of the Waterloo Road and I walked up. This prosecutor said I struck him, and gave me in charge.
BUDD— GUILTY .— Nine Months' Imprisonment .
LEWIS— NOT GUILTY .
The Witnesses repeated their evidence. He received a good character— GUILTY — Three Months' Imprisonment .
Before Mr. Justice Blackburn.
MR. CUNNINGHAM conducted the Prosecution; and MR. DIGBY SEYMOUR with MR. WRIGHT, the Defence.
The Jury in this case were discharged without giving any verdict, one of their number being seized with apoplexy at the close of the case .
Before Mr. Common Serjeant.
MR. WOOD conducted the Prosecution; and MR. LILLEY the Defence.
WILLIAM HENRY HICKS . I live at 89, St. James's Street, Islington, and am a tutor—I was walking along a street near the Borough Market, on the evening of 6th May, going home—I had treated a young man to two or three glasses of ale, and I suppose he was taking me home as I had asked him to do so—he showed me a urinal—I went in and left him outside—as I was going I
was attacked by three persons—my arms were pressed down to my side, so that I had no power—the prisoner was in front of me plundering my pockets—I missed everything I had got, my purse, my pouch, And my watch was broken from the chain—there was 18s. in my purse—I called out "Police!" and struggled to get away—they all ran away together, and I came out of the place—the beadle of the market came up, and I afterwards went to the station and saw the prisoner in custody—I can swear to the prisoner as being the man—these articles (produced) are my property—they are what were taken from me—they were shown to me the same evening.
Cross-examined. Q. Had you been passing the evening with some friends? A. I was with a friend in the afternoon whom I met casually near Bow—I met the young man after I left my friend—I do not know, how long I was with him—it was not so long as three-quarters of an hour—I went into two or three public-houses with him to treat him to a glass of ale—I had a glass myself—he undertook to guide me on my way home, and I found myself near the Borough Market—I had lived at Camberwell before—I knew the way to the City over London Bridge—I did not know I was near London Bridge then, I had lost myself—I did not notice any light in the urinal—there might have been one near—when I saw the prisoner at the station he was standing amongst some constables in uniform.
MR. WOOD. Q. What sort of a night was it? A. Rather a light night—I had a very good view of the prisoner—I told the beadle what I had lost—I had only spent about 1s. in drink, perhaps—I had had a little too much—I can't say whether the man who was guiding me assisted with the others—I never saw him afterwards.
ALFRED LARTER .—I am beadle of the Borough Market—about ten o'clock on the night in question I was in York Street, and heard a cry of "Police!"—I ran under the railway arch and saw the prisoner running, and the prosecutor after him, about two or three yards behind; I took up the pursuit—the prisoner ran round the railing of St. Saviour's Church, and up some steps, and I lost sight of him—I turned round again and saw him running towards me—there was a van near the place where 1 lost sight of him—the prisoner said to me, "Did you stop him?"—I caught hold of him and said, "You are the man"—I brought him back to the bottom of the steps where the prosecutor stood, and he said, "That is the man that robbed me"—the prisoner then said, "You did not see me behind the van"—I had not said anything about the van before he mentioned it—I sent one of the market porters for a constable, and I gave the prisoner to him—I then went behind the van, and lit some paper—I there found this tobacco pouch, purse, and ring—I handed them to the constable, in the prosecutor's presence, and he said they were his property—there was some dust behind the van, and a hole had been scraped, and the purse and other things put into it.
Cross-examined. Q. How far is York Street from the Market. A. Close to it—when I came up the prosecutor was five or six yards from the prisoner—I am sure the prisoner is the man who was running in front of him—I followed him about 20 yards before I lost him—there are some steps there which lead on to London Bridge—I am quite sure the prisoner spoke first about the van.
DANIEL SULLIVAN (Policeman M 102). Soon after 10 on the evening of 6th May, the prisoner was given into my custody by the beadle for robbing a gentleman—I asked the gentleman what he had lost, he said, "A purse, a
watch, and part of a chain, and some money"—the beadle said, "He has come close again the van here"—he went behind the van and returned with the things produced, which the prosecutor identified as his property—the prosecutor said, "This man put his hands into my pockets while the others held me"—the prisoner said, "No I did not."
Cross-examined. Q. When you took the prisoner, did not Latter say something about his coming from behind the van? A. The words were made use of, but I do not know which of the two said it—I said before the Magistrate' "The beadle said, 'I saw him come from behind the van, I shall go and search' "—he did say so, and the prisoner said "You did not see me come from there"—the prosecutor had been drinking.
He was further charged with having been before convicted, to which he PLEADED GUILTY.**— Ten Tears' Penal Servitude .
MR. WOOD conducted the Prosecution.
JOHN RODGERS . I am a wheelwright, at 47, Bridge Road, Mortlake—on 3rd June, at 11 o'clock at night, I was passing the Victoria Theatre, coming from Waterloo Station—I went into a public-house and had one glass of ale—as I was passing the theatre, three men came up to me—one of them seized me by the throat, in front—I could not see who they were then—I felt my chain snatched away—one of them gave me a knock on the knee, and knocked me down—Gains came up, and said, "What's the to-do, governor?" and I said, "All right," and he walked away, and I followed him till I met a constable, and I gave him into custody for robbing me; Cliff came up when I gave him into custody, and I said, "You are one of the parties connected with it," and the policeman took him—Cliff was standing within three yards of me when I was robbed—I was rather excited, but not the worse for liquor—some of the prisoner's friends have been speaking to me about the case—I know that the prisoners were connected with the robbery.
Gains. I was in the theatre, and it was not over till 11.50. Witness. The persons were coming out of the theatre as I passed.
WILLIAM SMITH (Policeman M 99). I was on duty in Friar Street about 11.30 on the evening in question—the prosecutor came to me, and pointed Gains out, and gave him into custody for stealing his chain—the prisoner said, "I thought so," in a tremulous tone of voice—as I took him to the station, I turned to see if the prosecutor was following, and I saw the prisoner Cliff—he was afterwards brought to the station.
Gains. I do not know Cliff; he is a stranger to me.
COURT. Q. Did you see them together? A. No; Gains was going in the direction of his house when he was given in to custody.
JOHN MARSH (Policeman M 92). I saw the last witness taking Gains to the station, and a crowd following—as we got near the Winchester Music Hall, the prosecutor called out, "Stop thief!" and I saw Cliff running—he was eight or ten yards off—I stopped him, and the prosecutor gave him into custody for robbing him—Cliff said he knew nothing of it.
Cliff's Defence. I left work about 9 o'clock, and went for a walk with a
friend. As I was returning, I passed the prosecutor, and he tapped me on the shoulder, and said, "I think you are one of them who robbed me of my chain."
Gains' Defence. I came out of the Victoria Theatre. As I was going along, the prosecutor said, "Hie!" I turned round, and he gave me into custody, and said I stole his chain.
CLIFF received a good character.— NOT GUILTY .
GAINS.— NOT GUILTY .
567. GEORGE SMITH (18), WILLIAM MOSS (16), FRANCIS WARDELL (15), GEORGE TAYLOR (17), and WILLIAM BLOWERS (16) , Burglariously breaking and entering the dwelling-house of George Lambert, and stealing a coat, and other articles.
MR. STRAIGHT conducted the Prosecution; MR. DALY defended Blowers and Taylor.
GEORGE MAY (Policeman N 79). On Saturday, 9th May, I received information that a burglary had been committed at 63, Manor street, Claphaw—I had Been all the prisoners together on the Friday, between 11.0 and 12.0, in the Bromels Road, about tea minutes' walk from Manor Street—they moved away as soon as they saw me—I saw Smith, Moss, and Wardell together the next morning about 12.0, in the Bromels Road—I was in plain clothes—I went up and spoke to Smith, and asked him whose shoes he had got, and he said "My own, I bought them a week ago in the Cut"—I then said, "I shall take you into custody on suspicion for committing a burglary at 63, M—Manor Street"—the other prisoners were standing by—Smith said he knew nothing of it—I said, "I shall take you down to see the prosecutor, Mr. Lambert, where the burglary was committed—I did so, and Mr. Lambert identified the shoes he was wearing as his property—Smith made no reply then, but after he left the house, he said, "It is no use telling a lie about it, I bought them of a chap this morning; I also bought a silk handkerchief and the ticket of a coat"—he gave them to me—I asked him who he got them from, and he said, "I am not such a b——fool as to tell you"—I have seen him and Taylor in company—they are all five in the habit of associating together—I afterwards took Moss and Wardell on Clapham Common—I told them what they were charged with, and they said they knew nothing about it—I took Wardell's boots to the garden of 63, Manor Street—there were foot marks in the garden—I made an impression with the boots and it corresponded in every particular with the other marks—Mr. Lambert identified the shoes, the handkerchief, and the coat—I made inquiries respecting the pawn ticket.
Cross-examined. Q. You said before the Magistrate, you saw the four prisoners and another person together, why did you not say who the fifth person was? A. I thought that I should not be able to get him—I knew who the fifth person was—he was not in custody then.
GEORGE LAMBERT . I live at 63, Manor Street, Clapham—on Friday the 8th May, I fastened up the doors and windows of my house, about 11 o'clock—the following morning, about 6.45, I got up and found the house in confusion—I missed a great coat with a velvet collar, a pair of shoes and boots, two handkerchiefs, and a loin of mutton, a rhubarb pie and some sugar—this pair of shoes, and handkerchief, and coat, was safe on the 8th—entrance had been effected through a small window in the scullery—it was closed on the Friday night—I examined the garden and found foot marks—Mrs.
Voke has a cottage at the bottom of the garden, and the railway runs past them—they had made their way over that way.
WILLIAM TRIMMER . I am a labourer, and lire at 45, Bromels Road—on the morning of 9th May, between 8 and 9—I saw Smith, Wardell, Moss, and Blower, in the Bromels Road, walking together—Taylor was on the other side of the road—Smith had a coat on his arm, and he handed it to Blowers; he then called to Taylor—Taylor went and spoke to him, and then went away by himself—the other four walked away together—Blowers put the coat on—I did not see in which direction they went.
Smith. I did not have the coat. I was not there.
Moss. How far were you off when you saw me with the others? Witness. About 30 yards—I saw you go up the road together—I have seen you about before—I knew your name was Moss, because I hare heard you called by it.
MART HARRIS . I am in the service of Mr. Machin, a coffee-house keeper, at Park Road, Clapham—the prisoners are in the habit of coming there three or four times a week—on Saturday morning, 9th May, Smith, Moss, Taylor and Wardell came in, about 6.15; Blowers was not there—they had coffee and bread-and-butter—one of them brought out some cold mutton it, looked like a loin, they all had some of it.
Cross-examined. Q. You have heard it sworn that it was a loin of mutton that was stolen, hare you not? A. Yes—they have used the house before, and frequently bring meat with them—they were impertinent to me, that was why I noticed them.
Smith. She said she did not know me. Witness. I did not recognize you at the time; yo do not come in so often as the others.
MR. STRAIGHT. Q. Were they in the habit of coming so early in the morning? A. No, they were not.
ALFRED SERGEANT. I am assistant to Mr. Clark, pawnbroker, of Brixton—I produce the ticket of a coat pawned on the 9th May, by Henry Smith, for 7s.—it was pawned between 8 and 9 in the morning—I can't say that it was pawned by any of the prisoners.
MARIA VOKE . I lire in a cottage at the bottom of the garden of 63, Manor Street—it is near the railway embankment—on Saturday, the 9th of May, I was disturbed by a great noise, and I sat up in bed for some time—I had a curtain in front of the window—I saw a short boy trying to look over the curtain, that was Wardell—Smith was standing by his side—they threw a mutton bone through the window—it was the chopped end of a loin—it came on to the foot of the bed, and I halloaed out "Murder!"—there was no meat on the bone—I afterwards went outside my cottage, and found a piece of mutton and a piece of bread—I had put a bottle of milk under a currant tree to keep cool, and they had drank it all.
Wardell. Q. How can you swear to my jumping up to the window, when you were in bed? A. I was sitting up—I could see you, but you could not see me; you could not see through the curtain.
COURT to GEORGE MAY. Q. Did you see footsteps in the garden? A. I did—there seemed to be the footsteps of several persons—I should think five or six, not only in that garden but in other gardens.
SMITH, MOSS, and WARDELL— GUILTY .
TAYLOR and BLOWERS— NOT GUILTY .
SMITH was further charged with having been before convicted.
GUILTY**.— Eighteen Months Imprisonment .
MOSS and WARDELL were further charged with having been before convicted, to which they PLEADED GUILTY.*†— Eighteen Months Imprisonment each .
ADJOURNED TO MONDAY, JULY 6TH, 1868.