CENTRAL CRIMINAL COURT
J. C. LAWRENCE, MAYOR.
FOURTH SESSION, HELD FEBRUARY 1ST, 1869.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
CENTRAL CRIMINAL COURT.
J. C. LAWRENCE, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 1st, 1869.
Before Mr. Recorder.
248. EDWARD BEECHING (35), was indicted , for that he having been duly adjudicated a bankrupt, did unlawfully conceal two shares in the Southwark Bridge Company, part of his property, with intent to defraud his creditors. Second Count. For concealing a quantity of plate, with a like intent.
MR. METCALFE. conducted the Prosecution; and MR. DIGBY SEYMOUR. Q. C., with MR. MONTAGU WILLIAMS. the Defence.
JOHN CHARLES AUSTIN . I am in the office of the Registrar of the Court of Bankruptcy—I produce the proceedings in the bankruptcy of Edward Beeching—the date of the petition is 13th June, 1868—it is his own petition, and the adjudication is the same date—there is a statement of account—the total debts are 1653l.—the property deposited as security is 470l.—theamount of creditors unsecured is 853l., and those holding security, 750l.—there are no assets—in the statement of account there is, under the head of household furniture, plate, &c., the word "None"—that statement is signed by the prisoner—there is also the word "None," in answer to annuities, shares, &c.
Cross-examined by MR. SEYMOUR. Q. Is there any order on the proceedings by the Commissioner to prosecute? A. No, there is not.
HENRY RUMBELOW WATSON . I am a clerk to a broker—I went to the prisoner's house for the purpose of making an inventory, at Three Mill Distillery, Bromley—I saw the prisoner there—he took me over the house and showed me the different rooms—I did not make any estimate of the furniture, I simply checked the bill of sale—I can't say whether this (produced) is the bill of sale—I saw no plate—this was on the 16th June—I might have seen some plated articles about the house, but no silver.
GEORGE JOSEPH TBTT . I am an auctioneer, of 91, Queen Street, Cheap-side—I know the defendant, I had to attend to some matters for him about a bill of sale—I saw some plate in his possession some time previous to 5th
September, 1867—I valued it roughly at 200 ounces, 50l. at 5a. an oz.—it was the ordinary kind of plate in use in a house; spoons and forks, and so on—it was in Seething Lane, City, in the office of the prisoner's father—it was handed over to the firm of Nicholls & Beeching, wine merchants, Beeching being his father—there were one or two transactions with the firm of Nicholls & Beeching—there was afterwards a payment of money by the prisoner to his father, I don't know the amount—they went into an account, and a settlement took place—I did not see the money handed over—I never saw the plate afterwards—I saw a box, but whether it contained the plate or not, I don't know; it was the same box in which I had previously seen the plate—I saw it in the safe at Nicholls & Beeching's; I can't tell when it was, it was subsequent to the 5th September—I don't recollect the prisoner speaking of the plate afterwards—I don't recollect anything about the plate after I first saw it—I saw the prisoner several times after, to about a week before the bankruptcy, on matters in reference to his bankruptcy principally—I had been trying to arrange with his creditors—I had conversation with him about his property, and he told me the state of his affairs, and I endeavoured to see his creditors and effect a compromise with them—I don't recollect anything at all about the plate.
MR. METCALFE. here withdrew from the Prosecution.
NOT GUILTY .
No evidence was ofered.
NOT GUILTY .
250. CHARLES LEVERSON LANE (30), was indicted for unlawfully conspiring with one Ralph McArthur Payne, to escape from the lawful custody of the Sheriff of Middlesex. In other Counts, the mode of charge was varied.
MR. POLAND. conducted the Prosecution; and MR. METCALFE. the Defence. It appeared from MR. POLAND'S. opening, that the defendant had been arrested upon a warrant, which directed the Shernif'e Officer to take him to Whiteeroaa. Street Prison; instead of which, he was handed over to the keeper of a lockup in Bream's Buildings, from which place he, together with another debtor, escaped and went to Boulogne; MR. METCALFE. submitted that this was no offence, either at common law or under the statute; the escape pointed at being an escape from a criminal charge, and not from civil process. MR. POLAND. contended that it was an ofence to escape from the custody of the lass, whether civil or criminal, and referred to "Tomlin's Law Dictionary," title "Gaol," "Reg. v. Asler," 1 Carrington and Marshman; and to "Hawkins' Pleas of the Crown," Vol. 2, c. 18, sec. 4.
THE RECORDER. was of opinion, that the case could not be supported, the defendant was clearly not in lawful custody, either as regarded the person who had charge of him, or the place in which he was confined; therefore, in effecting his escape, he had committed no criminal offence.
NOT GUILTY .
SAMUEL SCALES . I am a labourer, living at 25, Grove Street, Poplar—on Saturday before, 25th January, I was in Radford's Walk, Bromley Fields—I had seen the prisoner and another man at the Cherry-Tree just before—they
came alongside of me, and as I turned into the alley, the prisoner stepped back and out me a violent blow on the back, and got me on the ground—his companion got on me and took my money from my pocket—Ihad 2l. 5s.—they did not take it all—15s. odd was left—I had seen it safe not more than five minutes—I shouted "Police!"—one of the men ran away and the policeman came up and caught the prisoner on me.
Prisoner. Can you swear I was one of the men at the Cherry-Tree I Witness. Yes—I only saw two men there.
JOHN TAYLOR . (Policeman K 110). I was on duty in St. Leonard's Street—Iheard a cry of "Police!"—I went towards the alley and saw the prisoner holding the prosecutor down on his back—there was another man on the other side of him—he ran away—I caught hold of the prisoner and took him into custody—I had seen them two or three minutes before—the prosecutor and another man were together, and the'prisoner was walking two or three yards behind, and I lost sight of them for, a few Minutes, till I heard this cry, and then I ran up—the prosecutor was not sober, but he knew what he was about.
Prisoner's Defence. I am innocent—I was not one of the men who was there at all—as I was going home I saw the prosecutor lying on his back on the ground, drunk, and I laid hold of him to assist him up as any other man would do.
GUILTY . Twelve Months' Imprisonment.
MR. WOOD. conducted the Prosecution; and MR. M. WILLIAMS. defended Maloney.
JOHN FRASER . I live at the Destitute Sailors' Home—on 18th January, about 11 o'clock in the evening, I was in Nightingale Street, Wapping—I had had some liquor, and had been picked up by a policeman—after he left, three men came and stood over me—I don't know how long it was after—I had on a coat, vest, guernsey, and boots, and five or six shillings in my vest—a constable named Sharpe came up to me, and I made a complaint to him—I don't know what became of the men—when they had gone I missed my coat, waistcoat, guernsey, and boots—I have no recollection of my boots being taken off—I saw my guernsey at the station next morning.
ALBERT AUSTIN . (Policeman H 66). On 19th January, about 2 o'clock in the morning, I saw the prosecutor in Nightingale Lane, lying on the ground, intoxicated—at that time he had his boots, guernsey, vest, and a pair of trowsers on—I picked him up, and put him on his feet—I had not seen the prisoners then—I heard a woman cry two or three minutes after I left him—I went in the direction of the cries, and I saw the prosecutor was then on his feet where I put him—I saw the two prisoners and another man were round her, doing something to her; I saw them distinctly—I afterwards saw them coming towards me—I went up to the woman, and started her down the lane—I went on, and saw the prisoners on the prosecutor—I could not see exactly what they were doing; they were stooping down, doing something with their hands—there was a lamp nearly close—I was about fifty yards off—they ran away in the direction of High Street, Wapping—I followed them, cryig "Stop thief!"—Sharpe, the constable,
stopped Tuck—I went up and said, "That is the man," and took him to the station-house—the prosecutor charged him with robbing him of a guernsey, coat, vest, and 5s. in money—I saw Tuck throw the guernsey down as I followed him; the other constable picked it up—the prosecutor had nothing on but his shirt and trowsers then—I was about thirty yards off when I saw the prisoners doing something to the woman—I knew the prisoners before.
JOHN SHARPE . (Policeman H 175). On the morning of the 19th I was in High Street, Wapping, on duty—I heard cries, and saw a light turned by the last witness—I stopped, and saw the two prisoners and another man—they ran till they got near me; one ran by me, and as I turned round to look after him, I saw Tuck drop the guernsey—I made for him, and caught him—Maloney ran back—I had opportunities of observing him as I ran after Tuck—it was light where I was standing under a lamp.
Cross-examined Q. Did you say when you were before the Magistrate you were not quite sure of Maloney at the first look! A. I said at first I was not sure, and I took a second look, and the next time I saw him I said I was sure it was him.
Tuck's Defence. I know nothing at all about the guernsey. The prosscutor said he did not know whether it was me or not, and he was drunk at the time.
TUCK— GUILTY .
He also PLEADED GUILTY. to a previous connecition on 7th June, 1867.*— Eighteen Months' Imprisonment. MALONEY— NOT GUILTY .
MR. PATER. conducted the Prosecution; and MR. MONTAGU WILLIAMS. the Defence.
SUSAN BROWNING . I am the wife of Edward Browning—I live in Torrington Street, Russell Square, and am a lodging-house keeper—on 25th December last, about 5 o'clock in the evening, I had gone up stairs—about three minutes after, I came down again and saw a light in the dining-room—I made a communication to the servant, and she knocked at the door of the room—the door was pushed from the inside, and two persons rushed out—I am positive that Gibbons is one, and I believe May was the other—Gibbons struck me a severe blow in the chest; the other man did not strike me—they both got into the street, and got away—I sent for a constable, and accompanied him to the dining-room—I found a hat-box and a cruetstand, and other things on the floor, and I missed a salt spoon—previous to going up stairs, I had left them in the cupboard—I had been into the room about ten minutes before—on the 2nd January, I was taken to the police-station, to see if I could identify anyone—I identified some person instead of Gibbons—he was disguised at the time—when he was in the house, he had long whiskers, and he had none when I saw him again—as I was going out of the room, Gibbons made a remark, and I knew his voice—I asked to be allowed to go in again, and I went to where the voice came from—I recognized his voice directly I heard him speak, and pointed him out—I
saw May on 14th January, and I say that he is the other man—there was a gaslight in the hall, and also on the stairs, and I had a full view of the men, and I had a view of Gibbons' face as he was striking me—the door was closed when I went up stairs; it must have been opened by a key.
Crass-examined. Q. Have you any other persons living in the house! A. I have—I have only one servant—hearing Gibbons' voice caused me to look at his face.
JOHN CARTER . (Policeman E 64). On Tuesday, 15th December last, about 5 o'clock in the morning, I was on duty in Torrington Square—I saw the two prisoners come out of No. 3, Torrington Street, about 5 o'clock—they came by me, and I followed them as far as the Euston Road—I went back, and saw E 83, and went with him to the prosecutrix's hour—I had seen the prisoners together many times—I saw Gibbons again on 2nd January—I had seen him in company with May before.
Gross examined. Q. Have you ever said that before! A. I have—I am sure Gibbons was one of them, and knew them both before—I was standing in the square between fifteen and twenty yards from the house—they pared me on the pavement—I could have stopped them—I did not—I did not know the robbery had been committed.
JOHN MCKENSIE KEITH . (Policeman E 83). On 16th December last, about 5 o'clock in the morning, I was on duty in Torrington Square—in the course of my beat I went to the corner of Koppel Street, and saw the two prisoners there—they were talking to one another—I went round my beat, and when I came back again, in about 20 minutes, I saw Mrs. Browning standing at the door of her house—I went to the house, and saw the various articles mentioned, on the floor of the dining room—I am sure the prisoners are the persons I saw—I did not know them before.
Cross-examined. Q. How far were you from them in Koppel Street! A. About forty yards.
WILLIAM CHAMRMERLAIN . (Detective E 163). On 15th December, Carter spoke to me, in consequence of which I looked out for one of the prisoners—Imet Gibbons on 2nd January, in the evening—I said I should take him into custody for entering a house, No. 3, Torrington Street, stealing some plate, and other articles; and assaulting the landlady of the house—he said, "You know I would not do such a thing as that, Chamberlain"—I said, "I don't know so much about that"—he said, "That evening I was at Shoreditch, London Bridge, and Waterloo Stations"—I asked him how he knew it was on that evening that he was at the stations—he said, "Well I know it was"—Iafterwards took him to the station and brought the prosecutrix to see him—hewas placed with twelve or thirteen others—Mrs. Browning picked out another man first, and afterwards she picked out Gibbons—she came in, and they were standing in a circle, she said "That is the man" and as she was walking out; Gibbon's said, "She has not got me"—she said, "Will you allow me to look in the room again, I think I heard the man's voice"—I told her to look round the room, and then she went to Gibbons and said, "That is the man" I am sure you are the man.
ROBERT CARTER . (Detective E 117). About 12 o'clock in the morning, 14th January, I apprehended the prisoner May—I said I should charge him with being concerned with "Patsey" Gibbons in entering 3, Torrington Street, on 15th December last, and stealing several articles of plate—hesaid, I didn't do it, I was not there"—he said, "Well, Carter, I suppose you have got it cut and dried for me,"—I said, "You shall have a fair
chance; I have apprehended you by a description"—on the way to the station, he said, "Carter, do you know how I get my living"—I said, "Yes, I do"—he then said, "I get my living by sharping, from b—' mugs '"—Itook him into custody.
Gibbons further PLEADED GUILTY. to having been before convicted.
GIBBONS.* †— Seven Years' Penal Servitude.
MAY*— Eighteen Months' Imprisonment.
The following prisoners PLEADED GUILTY.—
254. HERBERT MORTIMER (22) , to burglary in the dwelling-house of Oswald Whiting, and stealing two spoons, one watch, and other articles, having been before convicted— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
255. AUGUSTUS HAINDREICH (28) , to three indictments for stealing nine snuff-boxes, four pipes, and other articles, of Solomon Hecht and another, his masters— Fifteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
257. WILLIAM BOFFEY (27) , to two indictments for stealing six onto and five pairs of trowsers, of Thomas Ellis Nobbe, his master— Eight Months' Imprisonment. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, February 1st, 1869.
Before Mr. Common Sergeant.
261. JOHN MAGNUS STONE ** (42), and MILENE STONE **(40), PLEADED GUILTY . to two indictments for making counterfeit coin—J. N. STONE— Ten Years' Penal Servitude. M. STONE— Five Years' Penal Servitude.
262. WILLIAM BLAKESLEY ** (32) , to stealing 20 lbs. of lead, of Charles Hadley and others, fixed to a building, having been before convicted— Ten Years' Penal Servitude. And [Pleaded guilty: See original trial image.]
MESSRS. HILLS. and GRAIN. conducted the Prosecution; and MR. M. WILLIAMS. the Defence.
THOMAS PURCELL . I am a grocer, of 7, Bath Street, Hackney wick—on 8th Jauuary, about 8 a.m., I served the prisoner with a rasher of bacon; it came to 5d.—she tendered a florin—I gave her three sixpences and a penny—I put the florin in the till—there was no other money there—she left the shop, and in half or three—quarters of an hour I went to the till to change a half-crown, and found the florin was had—I bent it, put it in a
piece of paper, put it in the clock case, and gave it to the constable on 19th January.
Crosss-examined. Q. Do you know the defendant? A. Yee—I believe she is married—I knew where she lived, and where to find her.
HARRIET CHALK . I keep a chandler's shop at 14, Ormond Place, Hackney Wick—on 8th January, about 10 o'clock, I served the prisoner with a two-penny packet of corn-flour—she gave me a florin, it looked white, and I said, "Is it a good one?"—she said, "I hope so, I have just taken it at Homerton and I do not want to go back"—I put it on the mantel-piece till my husband came home, and afterwards gave it to Policeman N 415.
Cross-examined. Q. Have you known her about twelve months? A. Yee, but not at the shop—Homerton is not far from Hackney Wick—she had her child with her—corn flour is used for children.
ELLEN LLOYD . I am the wife of John Lloyd, a greengrocer, of Park Street Hackney Wick—on 15th January, I was in Mr. Purcell's shop, between 9 and 10 in the evening—when the prisoner tendered this shilling I put it between my teeth and found it was bad—my father came and said, "You are aware this coin is bad"—she said, "I am not, I took it at Rotherham's, in Shoreditch, in change for a sovereign, this morning"—I said "You do know it is bad, because it is not the first one; I shall fetch my husband"—I ran out and fetched him—I returned in three minutes and the prisoner was gone—I took the florin to the station, the inspector told me to mark it, I did so, and on 19th January I gave it to the constable.
Cross-examined. How long have you known her? A. Twelve years—I knew where she lived—she has a husband—I have known him as long.
THOMAS PARKINSON . (Policeman N 415). On the night of 15th January I went to 3, Elizabeth Terrace, Hackney Wick, and found the prisoner in bed with her husband—I told her I should take her for uttering a base florin to Ellen Lloyd—she said, "If I did so, it was unknown to me"—I took her to the station.
The Prisoner's Statement before the Magistrate. "Whatever money I have taken, I have had from my husband. I never passed a bad one. I was not aware one of them was bad."
The prisoner received a good character.
NOT GUILTY .
MESSRS. HILLS. and GRAIN. conducted the Prosecution.
ELIZA FISHER . I am the wife of Benjamin Fisher, of the Half Moon beer-house, Bow—on 3rd January I served the prisoner with a glass of ale—he gave me 1s.—I put it in the till, which was empty, and gave him the change—I afterwards took it out and gave it to my husband, who gave the prisoner in charge—I was serving all the evening, and received sixpences, fourpences, and threepences, but no shillings or half-crowns.
BENJAMIN FISHER . I keep the Half Moon, at Bow—on 3rd January, about 6 o'clock, I was in my room, and saw my wife in the bar, serving the prisoner—she afterwards gave me a shilling—I bent it, marked it, and gave it to a policeman; but before that, about 7 o'clock in the evening, the prisoner came again, and I served him with some ginger beer—he gave me a bad shilling—I put it in my waistcoat pocket, where there was no other
shilling, and gave him change—I afterwards found it was bad, compared it with the other, and gave it to the constable—on 5th January, I met the prisoner, and pointed him out to the officer.
JAMES RONEY . I am barman at the Little Driver, Bow Road—on 3rd January, at 9.30 at night, I served the prisoner with a pot of ale—he tendered me a florin—I bent it, gave it back to him, and told him it was bad—he gave me a good 6d., and left.
Prisoner. I never was at the house.
LOUISA WSBB . I live with my father, who keeps the Plough, Mile End Road—on 3rd January, at 10 p.m., I served the prisoner with a glass of ale—he gave me 1s.—I bent it, said it was bad, and gave it back to him—he said that he did not know it—a man who was with him gave me a good 4d.
Prisoner's Defence. I worked hard for the money.
GUILTY .— Twelve Months' Imprisonment.
MESSRS. HILLS. and GRAIN. conducted the Prosecution.
WILLIAM COLLINS . I am barman at the Pied Horse, Chiswell Street—on 6th January, about 7.30 p.m., I served Wilson with a half-pint of porter, and he tendered me a bad sixpence—I bent it, gave it back to him and asked him if he had any more like it—he said no, he received it from a gentleman for holding two horses—I took the beer back, and he walked away—Daniel Wilson, who was at the bar, left directly and brought him back, asking me to detain him while he brought two more pals; he went out and brought a sergeant, a policeman, and Partridge, and a woman—I saw Partridge had something in his mouth; the policeman seized him by the throat, and they scuffled on the floor for five minutes.
DANIEL WILSON . I am an engineer, of 21, Cecil Court, St. Martin's Lane—on. 6th January I was in the Pied Horse, and saw Wilson there, he called for a half-pint of beer, and tendered a sixpence—I followed him out, he went about thirty yards and then stopped, and looked back and crossed the road, still watching the public-house he had Dome out of—he then walked rather smartly and I followed him, he stopped at the corner of Finsbury Place North, and Chiswell Street, where he joined Partridge, and a woman, who has been discharged—they conversed together, crossed the road, and went about forty yards down Finsbury Place North, where Wilson left the others and went to the Ship public-house, and called for a half-pint of beer—I stood at the door—directly he called for the beer he turned and faced the door, which was wide open, as it had been recently painted; directly he saw me he pretended to pick up a piece of paper to get a light—I went in and said, "I want you"—he said, It is the same sixpence as I just gave you"—I took it out of his hand; it was straight and had never been defaced—it was bad—I gave it to the constable, and took the prisoner to the Pied Horse, and requested the landlord to detain him—I went after the others, saw a sergeant, and with his assistance took Partridge and the woman, who were looking into the Ship for Wilson—I was present when
they were searched—there was a struggle between the constable and Partridge, who spat three pieces of a coin out of his mouth.
JOHN WOOD . (Policeman G 6). Wilson pointed out Partridge to me and the woman, and gave me the bad sixpence (produced)—I took them to the Pied Horse, searched them there, and Partridge put several pieces into his mouth—we had a severe struggle, and he threw three pieces of coin from his mouth—Wilson said that a man gave him the money for holding a horse—Partridge said that he found it outside a public-house, and put it in his mouth, because he was afraid the policeman would take it away.
PARTRIDGE— GUILTY . (See next case.)
WILSON— GUILTY .— Twelve Months' Imprisonment.
The evidence in the former case was read over to the witnesses, to which they assented.
He was further charged with a previous conviction of uttering, at this Court, in October, 1861, to which he
PLEADED GUILTY. **— Ten Years' Penal Servitude.
OLD COURT.—Tuesday, February 2nd, 1869.
Before Mr. Recorder.
269. CHARLES HENRY BRAY (21) , to stealing a cheque for 12l. 13s. 6d. of the London and County Bank, his masters— Recommended to mercy by the Prosecutor— Twelve Manila Imprisonment. [Pleaded guilty: See original trial image.]
270. JAMES THOMAS HARBAR (17) , to stealing one box, a bill of exchange for 250l., and several warrants for the payment of money, of the Universal Marine Insurance Company Limited— Recommended to mercy by the Prosecutor— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
271. CHARLES HORNIDGE (18) , to a burglary in the dwelling-house of Thomas Hornidge, and stealing one coat and other articles, his property— Nine Months' Imprisonment. And [Pleaded guilty: See original trial image.]
273. FRANCIS NEWTON (17), and THOMAS COLLINS (22) , Breaking and entering the counting-house of Joseph Taylor Younghusband, and stealing one seal, one key, three ladles, and 1l. 9s. in money, his property.
NEWTON PLEADED GUILTY .— Twelve Months' Imprisonment.
No evidence was offered against COLLINS— NOT GUILTY .
MR. COLLINS. conducted the Prosecution; and MR. METCALFE. the Defence.
February, 1867—he was traveller and collector—it was his duty to receive all monies and bring them to me, and enter them in the book—he ought to bring the money to me the same day he received it.
MR. METCALFE. Q. Was there an agreement in writing between you? A. There was—this is it (produced and read: "23, Castle Street, Finsbury, January 31, 1868. To Mr. Joseph Phillipson. Sir, I hereby agree to allow you one-third of the nett profits since the commencement of the said business, for your service in promoting the same and keeping the books, exclusive of any weekly sum you may receive from the firm, according to special arrangement; and, also, that this agreement stand good and valid till Christmas, 1868. Charles Simmonds.")
MR. COLLINS. Q. What did you pay him per week? A. 28s.—I had customers named Pick, De Costa, Prescott, and Benson—the prisoner never accounted to me for 1l. 6s. 7d. on 20th November, 1868, from Pick, or 3l. 8s. 6d., on 21st November, from De Costa, or 4l. 17s. from Benson, on 21st November—the prisoner represented them as monthly accounts; that is, we should send in this month and receive the next—up to December, 1868, I made no profit—it was my first year in business—I had to pay away a great deal of money—the prisoner kept the cash-book—he was taken into custody on the 10th January—I should think the cash-book had been out of the place quite a month before that—I made no entries, the prisoner kept it entirely—I paid all my own bills, and ordered in all my own stuff—I don't know where the cash-book comes from.
Cross-examined. Q. Do you mean to say that book was not brought to you by the prisoner's brother, long before the prisoner was taken into custody? A. It was brought to me by his brother on 22nd December, with a letter—I had never balanced the book myself—I began business in January, 1867; the prisoner came to me in February, he was in a situation at Westminster—I can sign my name, I can't keep accounts, that was the reason I employed him and gave him such an advantage, 28s. a week and a third of the profits—in 1867, my first year, I did not make any profit; I had to find my business—the first year he brought me what money was due to me—I never made out an account, or got him to do it, to see what was due to each—I have machinery, I bought that myself—I had money of my own to start with, about 150l., I dare say—I can swear I had 150l. or 140l. when I first started, of my own money—I bought the machinery with that—all the machinery and benches were bought out of my capital that I started with—that did not take all my capital, very nearly all—I was working the business as well—the second year, when things were a little better, I took a couple of pounds out of the business, or something like that, or perhaps more; I took no other sums; I might have taken a few shillings more than 2l. a week—I did not keep any account of what I did take—I have not had 3l. a week; of course I took a living out of it—I had to pay my wages, my bills, and everything else, and after that there was nothing else left—I lived at 49, King Square, Goswell Road—I don't rent the house—I had apartments in the house—I have a wife and family—I kept them out of the business—I did not pay for the machinery out of the business—I paid for it out of the capital—I have not been repaid out of the business—I had the 150l. in my possession—I kept some at home and some in Cripplegate Savings' Bank, 130l. or 140l.—I drew it nearly all out the first year—the scouring and cutting machine was paid for out of the capital—when the cash book came to me on the 22nd December, it was posted up, and an account made of 84l.,
consisting of the items which I charge the prisoner with taking—it was an understood thing between me and him that he was to have 28s. a weak, but as to my salary it was not stated—I have received money from my customers since the prisoner left, but very little—I first accused the prisoner on the 15th December, and on the 22nd the books came to me mad up in this way, with a letter—my solicitor has the letter—I don't know whether it was produced before the Magistrates—I did not tear off the heading before it was produced, my brother did; it was headed "List of accounts appropriated by me on account of one-third of the profits from the business of Simmonds & Co. as per agreement"—(Looking at a paper) that is my writing—I did not say I could not write, I said I could sign my name—these are the different works I did—the prisoner was about nineteen when he first came to me—I can't write sufficient to carry on my business, if I could have done that I should never have given him this advantage.
THE RECORDER. was of opinion that after this evidence it would be impossible to sustain the charge.
NOT GUILTY .
There were two other indictments, upon which no evidence was offered.
275. HENRY GRADY (22), and WILLIAM HARDCASTLE (18) , Burglary in the dwelling-house of Albert Charming Abdy, and stealing twenty-nine spoons and twenty-four forks, having been before convicted. HARDCASTLE PLEADED GUILTY .
GRADY PLEADED GUILTY . to the burglarly, but not to the previous conviction.
HERBERT REEVES . I am a warder in the House of Correction—I produce a certificate. (This certified the conviction of William Ryan, at Clerkenwell, on the 6th August, 1866). The prisoner is the person mentioned in certificate—Iwas present when he was convicted—I had him in my custody three or four months.
Prisoner. I never have been convicted before—he came to the prison three times and could not pick me out till last week, when a short officer came and pointed me out to him. Witness. That is not so—I pointed him out the first time—I remember him perfectly—when he was in the House of Detention, he threatened to kick an officer.
BENJAMIN LOCKYER . I am an officer—I know the prisoner to be the person mentioned in the certificate—I proved a previous conviction against him when he was at Clerkenwell, when he was sentenced totwo years' imprisonment; and on that occasion, he fell out from the ranks, and tried to kick me in the—; and I had a tussle with him before, in the House of Correction, therefore I know him well.
Prisoner. Did not the other officer call your attention to me? Witness. No; I recollected you perfectly well—I first knew you in 1862.
GRADY—GUILTY. *— Ten Years' Penal Servitude.
THE COURT. ordered a reward of 5l. to be paid to Mason, an officer in the case, who, at great personal risk, apprehended the prisoners.
MR. PATER. conducted the Prosecution; and MR. WARNER SLEIGH. defended Wilkinson.
PATRICK MCDERMOTT . (Policeman H 39). On the morning of 17th January, about 3 o'clock, I met the two prisoners—I took hold of Manhood, and said, "What have you got about you?"—he said, "Nothing"—I opened his coat and vest, and, rolled round his body I found this piece of cloth—while I was searhing him, Wilkinson, who was with him at the time, ran a distance of about five yards away, and stood under a lamp—I said to him, "There is no use in your running away, I shall know you again"—I asked Manhood where he bad got the cloth—he said he had taken it from home; he afterwards said he found it under a railway arch—they were about fifty or sixty yards from the prosecutor's house when I met them.
WILLIAM PEACH . I live at 11, Club Row, Church Street, Bethnal Green—about 7.30 on the morning of 17th January, I heard a knocking, and on going down stairs, I found my two bars in the window sprung, and the shutter forced down, the window broken at the bottom, and glass taken out; and among other things, seven lengths of trowsers, three of Bedford cord, three of worsted cord, taken away—I can swear that these (produced) are part of them—I had left them site at 1 o'clock.
Manhood's Defence. I had been to the East London Theatre, and coming home I picked up the things under Wheeler Street arch. A young man who was with me told me to put the flannel round me and come to his place, and as we were going along the policeman stopped us. Wilkinson was not with me.
MANHOOD— GUILTY .
WILBINSON— NOT GUILTY .
MANHOOD further PLEADED GUILTY. to a previous conviction in April, 1867.
Eighteen Months' Imprisonment.
MR. GRIFFITHS. conducted the Prosecution; and MR. PATER. appeared for Redman and Gale.
HENRY WHITE . I am a salesman, of 5, Star Court, Little Compton Street—on Sunday morning, 3rd January, about 1 o'clock, I was with two friends, going home along Compton Street—I think I was in advance of my friends, but I can't be certain—I was knocked down by somebody, and lost my watch—I had seen it a few minutes before—it was a man who knocked me down—I can't identify either of the prisoners—while I was on the ground I was kicked about my head; I become insensible for a few minutes—I got up, and found my watch gone—I was deaf in the left ear for nearly a fort night, from the injuries; I am not deaf now—I was the worse for liquor.
Cross-examined. Q. Who were your friends, that were with you? A. Robert and James Moy—we had been spending the evening together—I was considerably the worse for liquor—I can't answer for my friends—I don't remember taking off my coat and expressing a desire to fight anybody—I don't know the prisoners—we were returning from Wells Street, Oxford Street, where we had been the whole evening—we left about 12 o'clock—this
happened a little before 1 o'clock—I am quite sure I had my watch a few minutes before this happened—I had looked at it two or three times in the course of the evening—it was at the corner of Stacey Street that I was assaulted—I can't say how far that is from Wells Street—we had not been anywhere on our way.
ROBERT MOY . I live at No. 35, Church Street—I was with the prosecutor on this evening, in Compton Street, a few minutes to 1—I know that he had a watch with him, for he looked to see the time in Compton Street—we were all walking side by side—I saw the prisoner Gale, and I believe Redman; but I am not so positive of him—they stood at the corner of the Street till we came up, they then whistled up a passage, and Sliney I believe then came—I saw four of them on the top of the prosecutor—when I went to his assistance they were knocking him about—I saw Sliney strike him—I ran to his assistance, and picked him up—he said he had lost his watch—I saw Sliney on Sunday afternoon, and identified him as one of the men.
Cross-examined. Q. Were you not considerably the worse for liquor? A. I was not—I don't think I had taken a drop of liquor all the evening—I had been taking ale—I am not able to say how much—I did not see White take off his coat, or hear him challenge anyone to fight—nothing of the sort; he did not do anything but protect himself—he was the worse for drink, but he could walk very well—he did not assault anybody—he was singing along the street—I saw five persons near the spot—one man stood outside his door—I could not identify him—a man named Atkins was given into custody—notby me—I believe by the prosecutor—he was discharged—the prosecutor said he believed he was one of them—we had been having our supper in Wells Street, with some fellow workmen, and left there about 12 o'clock—we stopped outside the door talking for a little time, and then came along Compton Street—I am a labourer, and White works with me.
Sliney. How far were you from the prosecutor when he was pushed down? Witness. Not above ten or twenty yards—one of the men stood on the pavement, and he jumped off the pavement and struck my brother.
JAMES MOY . I am the brother of the last witness, and live at 35, Church Street—I was with him and White on this evening—I saw the three prisoners attack White—one of them struck him—I heard one of them give a whistle, and two more men rushed down—they knocked him down and then kicked him—I was close to him at the time—they then ran away—directlyhe got up he said he had lost his watch—I had seen it, about a minute before.
Cross-examined. Q. Were you the worse for drink? A. I had bad a little, but not much—I was not the worse for it—White was a little in advance of me; we were all walking together, in fact—I did not see White take off his coat—he was not in a fighting mood he did not speak to anybody, or want to fight anybody—a few persons came up after he fell down—I saw him struck and knocked down.
BENJAMIN FORDHAM . (Police Sergeant E R 9). On Sunday afternoon, 3rd January, about 3 o'clock, I was called by Robert Moy, in Stacey Street—he pointed out Sliney to me, and charged him with knocking White down on Saturday night, and being concerned with others in robbing him of his watch—Sliney said he saw the fight, but he did not do anything in it—I apprehended Gale and Redman on Saturday night, or early on Monday morning—he said he was in company with Sliney and Redman on the Saturday night, but he did not know anything about any watch robbery—Redman
said he was in the fight, but he did not know anything about the watch.
JOHN PERRY . (Policeman F R 33). I was with Fordham, and apprehended Gale—I told him the charge, he said he knew nothing about it at first; he afterwards said he was in company with Redman on Saturday night, in Stacey Street—Redman acknowledged to being in company with Gale on Saturday night in Compton Street.
Gale received a good character.
NOT GUILTY .
GALE PLEADED GUILTY .— Two Months' Imprisonment. The Witnesses repeated their former evidence.
SLINEY— GUILTY .— Eight Months' Imprisonment.
REDMAN— GUILTY .— Two Months' Imprisonment.
MESSRS. GRIFFITHS. and POYNTER. conducted the Prosecution; and MR. DAVIN. the Defence.
CORNELIUS KENELLEY . I am a tailor, of Marlborough Road, Carnaby Street—on Monday morning, 11th January, about 6 o'clock, I was in a public-house in John Street—I saw six or seven persons there altogether—the prisoners were among them—they were sitting in the parlour—I treated them, and as I was coming away they knocked me down on a form, and put their hands on my mouth, and took 30s. from my trowsers pocket—I had been drinking, but was not drunk—a man of the name of Carroll, a tailor, was there—I complained to the landlord.
Cross-examined. Q. What had you been drinking? A. Some rum and some beer—I had had about two glasses of rum, and I don't know how much beer—they told Carroll to go out of the room while they were robbing me, and when he came back he saw them knocking me down and taking the money out of my pocket—I knew the prisoners by sight before—Mitchell I knew a good bit—I don't suppose anybody saw me with the 30s. when I went into the room—it would have been very little good for me to call out, because they would have hindered me by putting their hands on my mouth—that prevented my screaming—they had their hands over my mouth until they had taken the money out of my pocket—as they were leaving the room I did call out, and said I knew them—that was all I said—I told the landlord that I was robbed, directly it happened—I went down to him a few minutes afterwards—perhaps it was fifteen or twenty minute; afterwards.
MR. GRIFFITHS. Q. Where were the prisoners all this time? A. They ran out into the street—I remained in the room after they went, because Carroll put me in check—he was like an accomplice of theirs—he came into the room at the same time they did—there were six, or seven, or eight of them altogether—he left before I was knocked down, and returned in a few minutes before they left, and when they left he stopped with me—I remained talking to him fifteen or twenty minutes before I spoke to the landlord.
January, about 3 o'clock, I remember three gentlemen coming to my front bar—I saw the prisoners and the prosecutor—there were two or three pots of porter called for, which the prosecutor paid for—they went into the club room, and called for three pots more beer, for which the prosecutor gave me a shilling—they could only muster 7 1/2 d. amongst them, and the beer came to 8d—the prosecutor gave me a half-sovereign, and I gave him 9s. 4d., change—one of the parties said, "Give it to me; I am his brother-in-law; I can give him the change as well as you can"—I did not do so—I went down stairs again—I afterwards heard a noise up stairs, and went up—they were quiet then, and I went down again—afterwards several persons came down with a sort of rush, and went out, but I did not see either of the prisoners—some time afterwards the prosecutor came down, and made a complaint to me—he was not tipsy; he had been drinking, evidently; but he was not what I should call drunk.
NOT GUILTY .
280. GEORGE WILLIAMS (20), and WILLIAM WALKER (17) , Burglary in the dwelling-house of William Henry Louis Holland, and stealing a counterpane, two blankets, and one dead fox's tail, his goods, to which
WILLIAMS PLEADED GUILTY .
MR. MOODY. concluded the Prosecution.
WILLIAM HENRY LOUIS HOLLAND . I live at 34, Doughty Street—on 21st January, about 9.30, an alarm was given to me by my son, and the prisoner Williams was brought back by the constable, Maynard, with two blankets, a counterpane, and a fox's tail—the tail had been taken from the hall, and the other things from the second floor front room.
WILLIAM MAYNARD . (Policeman E 103). On 21st January, about 7.30, I was on duty, in plain clothes, with another constable, in Doughty Street—I saw the prisoners there together—they were running across the road in the direction of Mecklenburgh Square from Mr. Holland's house—I ran after Williams and stopped him, with a bundle under his arm containing these articles—Walker kept running on, and was pursued by the other constable—I took Williams back to the prosecutor's house—as I was going along I took this fox's tail out of his pocket—I found that a bed in one of the upper rooms had been stripped—I had not the slightest doubt about Walker being the man I saw with Williams—there were no marks on the street door; it was a common latch, and access could easily he had from the outside.
Walker. Q. How far should you say you were away from me when you saw me with Williams? A. Not above five or ten yards when I saw you run across the road; it was rather a foggy night; you were almost shoulder to shoulder together as you were running.
ALBERT DYER . (Policeman E 85). I was with Maynard, and saw both the prisoners—I ran after Walker through Mecklenburgh Square, down Caroline Place, across Guildford Street, into Lamb's Conduit Street, where he was stopped by some gentleman—I told him I was a constable, and should take him into custody—he said, "I have done nothing"—I did not lose sight of him from the time of seeing him run across Doughty Street till he was stopped.
Walker. As he was taking me to the station he said to the witness who
stopped me, "I lost the little fellow, and took another one before I took him; he is a little one, but not too little for his trade." Witness. Nothing of the sort passed—I should think the prisoners were from thirty to forty yards from the prosecutor's house when I first saw them running; they were coming in a direction from the house.
ALFRED GOODWIN . I live at 46, Downham Road, Kingsland—about 9.45, on 21st January, I was in Lamb's Conduit Street—I saw the prisoner Walker running towards me—I stopped him, and the last witness came up and took him into custody—he said nothing to me about having missed one man and taken another, or about his being a little one but not too small for his business.
Walker put in a written defence, stating that he was entirely innocent, that he knew nothing of Williams, and that lie wished to call him as a witness to prove it.
Cross-examined. Q. Was not anyone with you at the time you saw the police-constable? A. No, I was quite alone—I did not see anybody else near when the policeman stopped me—I never saw Walker before in my life till I saw him at the station—I never associated with him—I got into the house alone, by a skeleton key which I had by me for some Yesrs—no one assisted me, and no one ran away with me—I never attempted such a thing before—I had the skeleton key to open my own street door with—I threw it away when I came away from the house.
MR. MOODY. called
FRANCIS BEDDLESTONE . (Policeman E 80). I know the two prisoners—I have seen them in company on many occasions—seven or eight during the last three weeks or a month, in Parker Street, Drury Lane, and Short's Gardens, and also in company with several other thieves.
WALKED— GUILTY .
He also PLEADED GUILTY. * to a previous conviction on 1st July, 1867.— Eighteen Months' Imprisonment.
WILLIAMS— Twelve Menthe' Imprisonment.
MR. DAVIN. conducted the Prosecution; and MR. PATER. the Defence.
REV. JOHN TODD BROWN . I am chaplain to the Minster Union, Isle of Thanet—on 4th January I came out of a shop near the Old Jewry, and walked towards the Bank—there was a slight stoppage, and the prisoner stopped in front of me and looked me very earnestly in the face—I looked down and found my chain dangling, and missed my watch, which was a testimonial, and was worth 50l.—the man had then gone—I followed, there was a cry of "Stop thief!" and I went to Bow Lane station—while I was there the prisoner was brought in, and I identified him instantly—this is my watch (produced), the inscription is on it.
Cross-examined. Q. Had you a friend with you? A. Yes, on my arm,
and I had a stick and a small carpet bag in the other hand—I kept on the kerb—I was outside and my friend inside—I was talking to him—there was a particularly strong gaslight—I did not say at the station "I think that is the man, he looks something like him,"I said "That is the man"—a constable in uniform was with him—I had not spoken to the constable before—I had had no opportunity of seeing the prisoner's dress, but his look was one which I shall never forget; his countenance fixed itself upon me—Page had not spoken to me in the Poultry, he came in with the constable.
EDWARD PAGE . I am a stationer's assistant, at 29, Poultry—on the evening of the 4th January, about 6.30—I saw the prisoner with the great coat on his left arm, which he is wearing now—I am not certain whether there were not two others with him—the prisoner went near the prosecutor, whose great coat was open, and I saw his chain dangling—I said "You have lost your watch, Sir"—I chased the prisoner through Grocer's Hall Court, and King's Arms Yard into Moorgate Street, then through Princes Street, where he crossed to the Royal Exchange, and I took him a yard or two past Birch's, in Cornhill—he had stopped running then—he was about five yards in front of me all the time—I lost sight of him in turning the corners, but I saw him running again.
Cross-examined. Q. How far were you off him when he turned the corner? A. I kept about five yards the him whole distance—I gave him in custody—he was taken as near Birch's as possible, or a couple of doors from it—he had passed Birch's—I know the spot where the watch was found, it was in the very area where I took him—the porter spoke to me about the area, and I have looked at it since—two or time persons joined in the chase as far as Grocer's Hall Court, and then left off—the prisoner is a stranger to me—he began walking at the end of Princes Street.
SAMUEL PEEK . (City Policeman 671). On 4th January, about 6.30, Page pointed out the prisoner to me in Cornhill, and I took him to Bow Lane station—on entering, the prosecutor recognised him immediately—he gave his addres 358, Strathmore Terrace, Chelsea—I went to Chelsea but could not find such a terrace.
Cross-examined. Q. Did you meet the prisoner coming face to face? A. He was standing in front of the Royal Exchange—he had passed Birch's ten or fifteen yards—the watch was not found higher up than he was taken, but if anything lower down; he had passed the spot—he was walking, no one was running.
MATTHEW HACKNEY . I am a messenger to the Limited Post and General Insurance Office, 17 and 18, Cornhill, two doors beyond Birch's from here—on the morning of January 5th, I found this watch in the area.
He was further charged with having been before convicted at Clerkenwell in December, 1862, to which he
PLEADED GUILTY. **—His brother stated that he had been endeavouring to get an honest living and the prosecutor stated his intention to assist him.
Eighteen Months' Imprisonment.
NEW COURT.—Tuesday, February 2nd, 1869.
Before Mr. Common Serjeant.
MR. SERJEANT SLEIGH. and MR. PALMER. conducted the Prosecution.
ALFRED GRAY ALDER . I carry on business with my father, at 67, Betwick Street, as pawnbrokers—on 4th November, the prisoner brought this mug (produced), and asked me to lend him three guineas on it, and pointed to the Hall-mark at the bottom—I looked at it, took it for silver, and lent him three guineas—he gave his name, "William Redgrave, 13, Titchfield Street;" I wrote that at the time.
WILLIAM MORGAN . I am assistant to Robertson & Co., of Mortimer Street, pawnbrokers—about 28th November, the prisoner brought this mug (produced,) and asked me to lend him 45s. on it—I looked at it, and said, "I do not see the Hall—mark; this is not silver"—he pointed to it, and said that it was—I was satisfied, and advanced the amount—I was with the officer when he was taken, and identified him—the officer said that he was charged with pledging this mug—he said, "It is nothing more than I expected."
Prisoner. Did I say that I was coming down to you that afternoon? Witness. That was after the charge was read to you.
WILLIAM GEORGE WILSON . I am assistant to Mrs. Starling, a pawnbroker, of Great Portland Street—on 15th November, the prisoner brought me this tankard (produced,) and asked me to advance him some money on it—I did not see the Hall-mark, it being in the chasing, and he pointed it out—I put it in the scale, and lent him 50s. on it—he did not say what metal it was, but he pointed to the Hall-mark, and gave me the weight—on 24th December, he came again with another tankard (produced)—he pointed to the Hall-mark and I lent him two guineas on it—he gave the name of "Eddington, Leicester Square," and I knew that firm of silversmiths—I wrote this name on these two tickets, spelling it with either one or two "d's," and he corrected me.
GEORGE HERBERT . I am an assistant to Mrs. Starling—on 5th January, the prisoner presented a mug, which appeared to be silver, and asked for 4i. upon it—he gave me the weight as 13oz.—I saw the Hall-mark, and called his attention to a roughness on the handle—he said, "There was a dent on the handle, and I cut that piece out to save myself the trouble of taking the handle off"—I lent him 3l. 15s. on it—he gave his name, "Eddington, of Titchfield Street."
Prisoner. Q. Prior to bringing that, did I bring a basin? A. A silver sugar basin—you said "Put it in the name of Eddington"—you afterwards brought me some spoons and gave a different name.
JAMES ALDOUS . I am a pawnbroker, of Berwick Street—this mug (produced) was pawned at my shop—I found that it was not silver—I went to Little Titchfield Street, a little boy opened the door, and when the prisoner came I showed him the mug—I said "Do you know this?"—he said "Yes"—I said "You are a pretty fellow, to get three guineas out of my son for this, it is only metal;"—he said, "I did not know but that it was silver, it was brought to me by a young man from Birmingham, to be gilt inside, and when I had gilt it he wanted to raise some money on it, and asked me to pawn it for him; I said 'I will take it down to Mr. Aldous's and pawn it for you'—he gave me a glass of ale for my trouble, and when I came back he said 'I hope you will keep it quiet,' or 'keep it dark and you shall have the money for it.'
Prisoner. Q. Did I not say "I was not aware it was not silver, I
pawned it for a friend at Birmingham, and if you will keep It quiet I shall be able to get the party? A. No.
ELIZA MOORE . I live with my mother, at 13, Great Titchfield Street—at the end of June, a person named Little hired a workshop in the yard, at 6s. a week, and carried on the business of an electroplater and water gilder—in consequence of his not paying his rent we shut up the place in October, and would not let him in; the prisoner then came and said that he was in the same business and would take the shop and share it with Little, and he paid part of the arrears of rent, and from that time they occupied the shop and worked jointly—I pointed out the shop to the officer when he came—it was in the same state as when the prisoner and Little were there on that morning—I understand they worked together, but was never in the shop while they were at work.
Prisoner. Q. Was Mr. Little locked out in consequence of his not paying his rent? A. Yes, he introduced you as his cousin—you went to my mother and said that you would share the rent, as he was not in a position to pay the whole.
THOMAS HOUGH . I am an assayer to the Goldsmith's Company—I have examined these cups—the marks on them are the marks of the Goldsmith's Company, but they are deposits from a genuine mark, and have not been impressed by the Company—they are counterfeit—an impression has been taken from a genuine mark, in gutta percha, which is afterwards covered with plumbago on the surface, it is then placed in a battery, suspended by a wire—here is the wire taken from the prisoner's place—at the other end of the wire is the metal to be deposited, the acid in the battery dissolves the metal, and the current deposits the metal on the mould—that deposit goes on until it is of sufficient thickness—you can disconnect the metal from the gutta percha afterwards, and then it becomes a perfect counterpart—a small portion is then taken out of this cup and a bed is made to receive the Hall-mark, which is cut to the size, and fastened with lead solder by the blow pipe, it is then chased over with a tool and afterwards electro-typed—the true Hall-marks are made with different punches, which causes an irregularity in the distances, you never get the same distance, but these are all done by one process and are at equal distances—they must all have been done from the same die, from a fac simile of this one found in the prisoner's shop in some loose cuttings—it is perfect, and is ready for insertion—I also found a galvanic battery, some metal clipping, and everything necessary for gilding and silvering—these cups are German silver, which is a base metal.
Prisoner. Q. Have you ever been in any other gilder's shop? A. Yes, I found nothing extra here, with the exception of this mark—I never saw anything in a silversmith's shop by which a man could manufacture these things.
JURY. Q. Was this process new to you? A. Yes, no such instance of transferring marks has been brought to my knowledge by this process—there is no process of trade in which it is used.
COURT. Q. But electricity is a very familiar process now for transferring? A. For copying; for repeating—this is a fraudulent use of a process already known.
FRANCIS BEDDLESTONE . (Policeman E 80). I took the prisoner, and told him the charge—he said that it was nothing more than he expected—I went with Mr. Hough to 13, Great Titchfield Street, and found the articles produced in the shop.
The prisoner, in his defence, states that he pawned the cups for a Mr. Roberts, who brought them to him to gild, and that he did not know they were not silver.
GUILTY .— Seven Years' Penal Servitude.
283. THOMAS LITTLE (36) , Feloniously counterfeiting the mark of a die upon a ware of base metal, and also with uttering a ware of base metal, to wit, a tankard, having a counterfeit die upon it, with intent to defraud.
THOMAS MORGAN . I am in the service of Mr. Robertson, pawnbroker, of Cavendish Square—on 4th December, the prisoner brought a tankard, and asked me to lend him 45s. upon it—he pointed out the Hall-mark—I weighed the tankard, and found it to be 8 ozs—I asked him how much per ounce it cost, and he said 8s. 6d.—I then advanced him the money—he gave the name of Little, 13, Great Titchfield Street.
Prisoner. When I brought the tankard, Mr. Robertson was in? Witness. No, he was not—you asked me to lend you 45s. upon it—I did not say that I would make out the ticket in the name of Redgrave—I told you that I had had one of the same make before, and you said, "Yes, it is all right, it was brought by my fellow partner, Redgrave."
The Prisoner's Statement before the Magistrate:—"I took it as an agent of Redgrave."
CHARLES WENTWORTH . I am in the service of Mr. McCarthy, pawnbroker, 205, Caledonian Road—on the 19th December, the prisoner brought me a tankard to pledge—I examined it, and called his attention to the Hall-mark, saying that it was not so distinct as it usually was upon silver goods—he said, "That is on account of the finishing, after it has come from the hall"—I wished to test the tankard, by filing it at the bottom, but he objected, and said, "I cannot allow you to try it, because I shall have to take it in on Wednesday; if you try it in that way, I shall have to burnish it again"—being satisfied that the tankard was silver, I lent him 4l., the prisoner giving me the name of James Baintree, Chapel Street.
Prisoner. What time was it on the 19th that I brought you the tankard? Witness. Some time between 2 and 10 o'clock—you were quite a stranger to me—I recognized you at Marlborough Street Police Court—I saw you in the dock with another man.
THOMAS HOUGH . I am an assayer of the Goldsmith's Company, and have examined the cups or tankards produced—the difference between them is, that in one a genuine Hall-mark has been let in, it having been taken from some small article and transposed into the metal, while the other has a counterfeit mark; but it has all the brightness about it of metal that has just left the punch—the body of each is of base metal, but in the one there is a small circle of silver, with the Hall-mark, which has been inserted—I examined the shop where the prisoner worked, and there I found a battery and all the appliances necessary to produce the impressions upon the tankards, and to plate them over, so as to give them a genuine appearance.
The evidence of the witness, given in the former case, as to the process by which the Hall-mark had been counterfeited, was read over.
Prisoner. You state that the mug has a silver bottom? A. Part of a silver bottom has been let in—the upper portion is of base metal.
ELIZA MOORE . I live at 13, Great Titchfield Street, and in June last I let the prisoner a workshop, where he carried on the business of an electroplater and water-gilder—he occupied it till October, and then he was joined by another man named Redgrave, and they were the only persons who worked there.
GEORGE DOWDESWELL . (Policeman C 91). I went to Great Titchfield Street and apprehended the prisoner—I told him I was going to take him into custody under a warrant, for fraud on the pawnbrokers—he said, "I am quite surprised, but I rather expected it."
Witnesses for the Defence.
JAMES CLAY . I am an ormolu miniature frame maker, and live at 17, Church Street, Langham Street—I know the prisoner—I saw him on Saturday, the 19th of December, as near as I can guess, between 2.30 and 2.45 in the afternoon, in a public-house at the corner of Titchfield Street and Mortimer Street—I remained with him about ten minutes only.
Prisoner. You have made a mistake about the ten minutes, have you not? Witness. No, you were talking to some friends—it was a little before 3 o'clock when you went away.
GEORGE ALEXANDER HARRIS . I am a brass finisher and gas fitter, of No.2, Craven Buildings, Drury Lane—I know the prisoner, but very slightly—I and my father met him on the 19th December, between 10 and 12 a.m., and remained with him about a quarter of an hour.
Prisoner. Was it not when you were returning from the Haymarket, with a peice of machinery, which you had fetched from your work? Witness. No, it was not—we did not go into a public-house at the corner of Poland Street, Oxford Street, but into the one at the corner of Mortimer Street, and Great Titchfield Srreet.
ELEANOR LITTLE . I am the daughter of the prisoner, and shall be eleven years old next June—I remember 19th December—I saw my father come home that day at 4.45—we live in Rathbone Place—he had his tea on a chair, and did not go out afterwards—he remained for some time in a back room, but afterwards came into the front room, and at 9 o'clock, when I went to bed, he was reading a newspaper.
Prisoner's Defence. I have a statement to make, which I hope you will believe to be true. I have been a working man now for a great many years, and have had some thousands of ounces of silver through my hands. Owing to misfortune, I left my employers, and had no alternative then but to set up businees for myself, unfortunately, without friends. I took a shop, and could not meet the demands for rent, and, having a wife and five children. to support, I fell into arrears. I called upon Redgrave to know if he could do anything for me. I had a gold chain, which he pledged, and so paid a portion of the rent that was owing. The chain was wanted, and I began to be uneasy, when Redgrave said he had the means of making money, but that I should have his liberty in my hands. I told him he must take all the responsibility upon himself. He then manufactured a cup, and pledged it in Long Acre for 2l. 6s. He afterwards made and plated other cups, and pawned them. One evening he asked me to pledge one, and I took it to dir. Morgan's. I had nothing to do with making the cups, or depositing the mark, taking the impression, or plating them. When I pledged the
cup, I never thought of the consequences. Redgravo had the money. I hope you will take my case into your consideration, for I have a wife who is very ill, and five children who are totally unprovided for.
Strongly recommended to Mercy; the Jury expressing their belief that the prisoner had been led into the fraud by poverty.
Five Years' Penal Servitude.
WHITLEY PLEADED GUILTY . **— Seven Years' Penal Servitude.
THOMAS PAYNE . On 12th January, about 12.30, I saw Whitley in Milford Lane, Strand, with a lady's reticule in one hand, and a silk umbrella in the other—I followed him—he went into a lodging-house at the bottom, stopped there about ten minutes, came out again with the umbrella, but no reticule—Smith and two others were with him—they came into the Strand, got on top of an omnibus, and rode to the corner of Ludgate Hill, by the railway arch, where they got off, and went through Fleet Lane till they got to Cloth Fair, where they went into a public-house, came out almost directly, and went to a coffee-shop—I spoke to policeman Bradner, went with him to the coffee-shop, and pointed the four men out—Whitley had the umbrella behind him, on the seat—I left them in the hands of the police.
JOSEPH FRIDAY BRADNER . (Policeman). I was on duty, went with Payne to this coffee-house, and saw the prisoners and two others sitting all together in the stalls—this umbrella (produced) was at Whitley's back—I took it up, and said, "Who claims this?"—they each of them shook their heads, and said, "Not me"—I said, "I suppose it is the joint property of the four of you; I shall take you all to the station"—Smith then said to Whitley, looking under the table, "Here is a pretty mess you have put us all into"—on looking down, I saw what appeared to be the contents of a lady's bag, and several of the articles were at the feet of the two prisoners—Smith repeatedly said to Whitley, "Why do you not speak out and clear us?"—I took them to the station, and on Smith I found this bottle of lavender water—these are the articles (produced) I found on the floor—they all gave false addresses.
Smith. Did not I tell you that the umbrella belonged to Whitley? Witness. No—you did not call my attention to Whitley throwing the things out of his pockets under the table.
LORD DACRE. These articles are my property—they were in a reticule when they were lost by Lady Dacre, when she was in. London, about three weeks ago—I cannot swear to this bottle of lavender water, but I know that Lady Dacre always travelled with a bottle of this description.
BIRLEY BAZINND ALE . I am a gentleman, and live in Hertfordshire—on 12th January I was with Lady Dacre, in a brougham, in Holborn—we got out at Marks' shop, No. 129, and walked from there to 139, the brougham following, with a bag and an umbrella in it—they were gone when we got in again—I did not see what was in the bag, but I noticed that the umbrella had a partridge cane handle.
Smith's Defence. On 12th January me and Thomas Galvin and Thomas Jones, were standing at the top of Fetter Lane, this young man was coming towards Temple Bar; he took us to a coffee-shop in Cloth Fair, and in five
minutes the constable came and Whitley empted his pockets under the table, and I being opposite, they came between him and me, and I called the constable's attention to it. I have got Galvin and Jones here to prove it; they were both sworn at Guildhall.
Witnesses for the Defence.
GEORGE GALVIN . I sell fruit in the street—I know a lodging-house down Milford Lane; I do not live there, but I was there on 12th January, about the middle of the day, and saw Whitley, Smith, and Jones there—we four went on an omnibus to Ludgate Hill, and then to the coffee shop where the policeman came—Whitley took this bottle of scent out of his pocket there, and said to Smith, "This is mine, you can have it!" and gave it to him—Smith put it in his pocket—I was speaking of the things that were there; and Whitley said he picked them up in Queen Street—he afterwards said that they were stolen, but did not say by whom—I was not in the lodging-house when Whitley came in, but I came out with him, as he asked us to go to Cloth Fair with him—I saw this umbrella at the lodging-house—Whitley had something showing to the others there, but I do not remember seeing the inkstand—when he had done with the things he shoved them in his pockets—I was standing with the group, there were more than four—part of the time I was not close to them—I had been in the hospital a fortnight, and had nothing to do—I think Whitley suggested to take the omnibus; we took it half way between St. Clement's Lane and Temple Bar.
JURY. Q. Were you charged at the Police Court? A. Yes, and the Magistrate discharged us—we were all four charged.
WILLIAM JONES . I have been in Court when Galvin was examined—I was at the lodging-house when Whitley went in, but did not see these things—he had a parcel under his coat—they all told me to go away from them, but I stood near them—I stood away only two or three minutes—they asked me to go on the omnibus—Whitley said that he was going to see a friend, and get some work—he showed me these things in the coffee-shop, though he would not do so in the lodging house—he took a bottle out of his pocket and said "This is my property," and gave it to Smith, who said All right," and put it in his pocket.
SMITH— NOT GUILTY .
MR. LEE. conducted the Prosecution.
WILLIAM TURNBULL . I am a civil engineer, and live at Boddlewiddn, North Wales—I know the prisoner, and was present at his marriage to Jane Thompson, on 22nd July, 1865, at Trinity Church, Bolton-le-Moors—I gave her away, and was one of the attesting witnesses—she is alive; I have seen her today—it was a very happy marriage at the time, but they went to London, and I saw nothing of them afterwards.
MARY ANN DARBYSHIRE . I live at Bolton-le-Moors, and was present at the church of the Holy Trinity, Bolton, on 22nd July, 1865, when the prisoner was married to Jane Thompson—I was one of the attesting witnesses—I went with her to the same church two and a-half years afterwards and saw her receive this certificate (produced) from the clergyman, but did not see him copy it—I lived near them nine weeks after their marriage—there are no children—they lived happily—they afterwards went to London—they came home to a funeral in November, and went back to London, and I lost sight of them.
SUSANNAH KERRY . I live at 2, Denmark Terrace, Fulham—on 18th June, I was married to the prisoner at St. Peter's Church, Westminster—he said that he was single—I got this certificate from the clergyman at the time—the prisoner had been paying his addresses to me for two years and a-half, and must have been courting me when he married his first wife—I then lived at Victoria Square, Pimlico—he used to come to the house sometimes, and I used to go out and walk with him—I have called at some of his lodgings, but never heard of any wife—ho represented himself as a bachelor—I lived with him seven months, and ceased to do so, because his wife found me out and showed me her marriage lines—I did not see the prisoner after that, as he was taken the same day.
Prisoner. Q. They got me to church drunk, and got me married; used you to be at my lodgings two or three times a week, to wait on me when I left off work? Witness. A. Sometimes—the people did not tell me you were married—I did not keep you out all night at Cremorne Gardens, nor did I keep you all night under a table at 16, Victoria Square—you got under the bed, it was not me that would not let you go home—I had intercourse with you at times before our marriage, but you promised me marriage ever since you had known me—I was confined of a female child on 25th October, 1866, about eight months after I had been with you.
COURT. Q. Was it a full grown child? A. No—the prisoner was the father of it—I renewed my intercourse with him after that, but have had no other child—it is now dead.
MARTHA KERRY . I am a sister of the last witness, I was present at her marriage to the prisoner—he had been courting her for years, and he used to make a great disturbance, and has threatened her life if she did not come—I know of her having a child by him—ho always said that he was single—he said to me, "I have disgraced your sister, and I will marry her"—she did not wish to marry him after the birth of the child, but he threatened to murder her—I did not press the marriage, I was always against it; because he had disgraced her, and I knew he was a dreadful drunkard.
JURY. Q. Was he sober at the wedding. A. Yes.
Prisoner's Defence. I was upset in my mind, but I never left my own wife. I always supported her, except a few weeks, when I had not much work. I was drunk at the time I was married; the Parson told the clerk that I was not fit to be married.
GUILTY .— Twelve Months' Imprisonment.
THIRD COURT.—Tuesday, February 2nd, 1869.
Before R. M. Kerr, Esq.
MR. GRIFFITHS. conducted the Prosecution; and MR. LINGFORD. the Defence.
JANE PAGE . I am the wife of James Charles Page, and live at Read-mead Lane, Wapping—on 7th January, about 6 o'clock in the evening, I was in Cable Street—I had a gold watch, worth about 10l., in my watch-pocket in my dress, attached to a chain round my neck—as I was passing
along the top of North East Passage, I was attacked by some person, who seised my chain and dragged me down the passage some considerable distance, on my stomach—I had seen my watch safe a few minutes before on the swivel—it was a very heavy chain that it was attached to—as soon as the man got possession of my watch he ran away and left me lying on the ground—I can't identify the prisoner as being the person: I had not the slightest chanco of seeing him, I was on the ground immediately, and when I got up he was some distance from me—I can't say that I was kicked when I was on the ground—my ear was bruised—I had earrings on—when I got to the station I put my hand up and found the drop was gone, and only the wire left.
Cross-examined. Q. Have you got the chain here? A. No, it is a very strong chain, worth about 9l.—the passage goes down a descent from Cable Street—I was dragged to the ground by my chain.
JOHN RENDALL . I live with my parents, at 31, Bette Street, St. George's—on the night of 7th January, about 6 o'clock, I was playing down North East Passage—I saw Mrs. Page there—when she got to the middle of the passage the prisoner came up—he knocked her down, and dragged her down the passage by the chain on her neck—he kicked her in the ear and broke her earring—I knew him before—I had seen him down there every day—heran away afterwards—I gave information to the police—I saw him at the station afterwards, amongst a lot of others—I knew him and pointed him out.
Cross-examined. Q. When you say he "kicked her" in the ear and broke her earring, how many pieces did it break into? A. I don't know, but I think it broke into two—I had a cold in my eyes at that time—one of them was covered with a handkerchief—I told the policeman the same night he did it—it was not Dunaway—I see the prisoner there every day when I am playing down there, when I come from school—I play there every day—I live in Betts Street—that is some distance off, but we used to live down there—I was playing with a lot of my school boys—my sister was there as well—there were six or seven boys there—the prisoner was outside a public-house, in the middle of the passage—I don't know the name of it—thereis no name over it—I can't write—I can read a little—we play at hoop in the passage—it is not a very long passage—it is not much longer than this Court—it leads into Wellclose Square—we play in the middle of the passage—we sometimes play at touch—Princes Square is just before you come to the passage—we do not play there—there are no school boys there—I go to a ragged school in Pell Street—we hide in the doors of the public-house—Cable Street is a very narrow street—when I am not at school I always play in North East Passage—we were going home just as we saw him do it—I had been home to tea and come out again—I have been at the ragged school about six months—I never spoke to the prisoner when I saw him there—I don't know where he lives—I did not know a boy named Armstrong—I know McCarthy, a shoeblack—I never played with him—I have known him a long time.
MR. GRIFFITHS. Q. Does the prisoner go to the ragged school? A. No—McCarthy was not there that night—I am sure the prisoner is the boy that I saw pull the lady down the passage.
PORTER WILLIAM DUNNAWAY . (Police Sergeant H 11). I received information on 7th January, between 7 and 8, of a robbery—a description was given to me by the inspector on duty—in consequence of that description
I apprehended the prisoner—I told him I wanted him for several robberies, amongst them was one for stealing a watch from a lady, last night, in Cable Street, and another one on Sunday night—he said, "All right; you said you would have me again at any price"—I gave him to another constable, and sent him to the station.
Cross-examined. Q. When the Jury could not agree last time, were you here? A. I was—I know a boy named McCarthy; he gave evidence on a previous occasion, when the prisoner was acquitted—I did not go to the prisoner's house—I took him at a brothel—he was trying to get under the bed when I went up; he was not undressed—I saw an account in the Times newspaper of the last trial—I did not give any information to the reporter about it—I gave information publicly at the Thames Police Court—I think that was on the 8th January—I heard something about the number of the Jury who were for acquitting the boy, spoken of publicly—I did not give an account to the Times' reporter—I don't know who did.
The Prisoner's Statement before the Magistrate. "When the boy came in this morning he looked at the other prisoners; he stood looking at them for about ten minutes; he then came and said,'Here he is,' pointing to me and my scarf."
NOT GUILTY .
MR. BRINDLEY. conducted the Prosecution.
GEORGE JOHN WILLATS . I live at 22, Wells Street, Oxford Street—about 12 o'clock, on the 31st January, I was opening my own door, when I was struck from behind and rolled into the gutter—I became insensible—I know nothing more—I don't know how many blows I received—when I came to myself I found I was robbed of my watch and chain—I can't my who it was robbed me—I valued the watch at 14l. or 15l.—I missed it the moment I recovered—a person assisted me up, and I told him I was robbed.
ELIZABETH SAUNDERS ADAMS . I live at 2, Bouttes Place, Wells Street—on the night of 31st December, I was at the corner of Wells Street—I saw the prisoner there, in company with two other young men—the prisoner spoke to me, and asked me what business I had out at that time of night—they then went on, up Wells Street—I saw the three men drag Mr. Willats into the gutter; then they all ran away, and a gentleman came and picked him up—the prisoner was one of the men who pulled him into the gutter—a policeman came up, and I made a statement to him—I afterwards saw the prisoner at the police-station with eight or nine others, and I picked him out as the man I had seen on that night—I knew him before by sight, but I never had anything to say to him—when I picked him out, he said he knew I was there on that night—he said, "Of course you know me, because you saw me"—he said something about speaking to me.
Prisoner. Did you see me turn up into Wells Mews? Witness. You passed Wells Mews—you knocked the gentleman down directly after you spoke to me.
Prisoner. I turned up Wells Mews. I was not in their company when the gentleman was knocked down and robbed.
him, on suspicion, with being concerned, with others, with stealing a watch in Wells Street—he said, "All right, I will go with you"—I took him to the station, and placed him in the yard with eight or nine others of his own class—as soon as the last witness came into the yard she said, "That is the man"—I said, "Go and touch him"—she went and touched him on the back—the prisoner said, "Of course you know it is me, I spoke to you."
Prisoner's Defence. I did not commit the crime that I am charged with.
GUILTY .—He further PLEADED GUILTY. * to a previous conviction on 1st December, 1862.— Ten Years' Penal Servitude and Twenty-five Lashes.
OLD COURT.—Wednesday, February 3rd, 1869.
Before Mr. Justice Montague Smith.
MR. SERJEANT SLEIGH. with MR. F. H. LEWIS. conducted the Prosecution;
MESSRS. METCALFE. and TAYLOR. defended Striemer, and MESSRS. RISTON. and GRIFFITHS. defended Kunacke.
GEORGE WILKIE . I am a commission agent, and live at 7, James Street, Marlborough Road, Chelsea—this bill of exchange (produced) I first saw in the possession of Striemer—he showed it to me—I could not say the date, I think it was about the commencement of September—it was at the European Tavern—I had told him that I was in want of an accommodation bill for a friend, and he then produced, the bill—I told him I would show it to my friend, Mr. Templeton—at that time there was no other endorsement on it than "Byron, Beale & Co."—Striemer told me the bill did not belong to him—I did not give him anything for it then; I ultimately gave him not quite 2l.—I took the bill with me and showed it to Templeton, and appointed a meeting with Striemer next day—I met him next day at a public-house in Sherborne Lane, I don't know the name of it—I brought the bill back to him and told him that my friend thought he could do with it, that it would answer his purpose, but that he did not wish to pay for it until he knew that he could make use of it—Striemer said he could not give up the bill on those conditions; that he had to pay a certain amount, whether the bill was used or not—I told him that I should get a friend of mine to endorse the bill, and wanted him to put that, down or get the endorsement upon it—the endorsement was there in blank—he did according to my instructions; he took the bill away and got this put in: "Pay to order," and I got the signature of "Lawrence & Dogoroff"—they were merchants in Thames Street at that time—the stamp was on it before Striemer told me that he had to give 30s. to his party, whether the bill was used or not—I agreed to give him that, and told him that Mr. Templeton had promised me 5l. for my trouble, and that I would share that with him—at the time I received the bill from him I gave him, I think, 10s. in silver, and afterwards further sums, amounting altogether to not quite 2l.—I gave the bill to Mr. Templeton—I received a smell cheque from him before I handed him the bill; I am not sure whether it was for 2l. or 3l.—I had two cheques from him, and I don't know which it was he gave me on that occasion.
(The bill was put in and read; it was for 150l., dated June 27th, 1868. Sydney, drawn for the proprietors of the Mercantile Bank, by R. Buck, acting
manager, upon and accepted by Grant & Balder, Dublin, payable in London, ninety days after sight, first of exchange, second of the same tenor, and endorsed, "Lawrence & Dogorof "" Byron, Beale & Co." "John Templeton" "United Service Bank, S. Anderson")—when I received the bill from Striemer the endorsement of Lawrence, Dogoroff & Co. was not on it.
Cross-examined by MR. TAYLOR. Q. You got the signature of Lawrence Dogoroff & Co. yourself? A. Yes, after I received it from Striemer—they are general merchants—Striemer told me the bill did not belong to him—I told him I wanted an accommodation bill—the transaction was altogether about an accommodation bill; that was what the bargain was about—he told me the bill would have to be met by whoever used it—I believe he told me he was selling it for a person named Gordon—I asked him for the bill; I told him I wanted one.
COURT. Q. How came you to ask him; did you know him before? A. Yes.
MR. TAYLOR. Q. Are you sure you gave him more than 1l., besides the 10s. you gave him first? A. I gave him a sovereign afterwards, that was all—he asked for more, because he had nothing for himself—he said the 1l. was for the party who belonged to the bill, Gordon—I saw the name of Gordon on the door of his office.
Cross-examined by MR. GRIFFITHS. Q. You had known Kunacke a long time, I think? A. About eighteen months—I had not seen a great deal of him during that time—I met him, not by appointment.
JOHN SILVER TEMPLETON . I am at present out of business—I was a commission agent—this bill has been exhibited in my bankruptcy—I received it from Mr. Wilkie, I think about the 6th or 7th September—I gave him nothing for it at the time—I gave him three several cheques, but nothing specifically for that bill; we had other transactions—I took that bill into account in the three cheques that I gave him—I deposited the bill with the United Service Bank, and drew against it—I believe that bank is now in the course of liquidation—I did not meet the bill when it became due—there is a protest against it—I became bankrupt on 29th October last—it was with that bill alone that I opened an account at the United Service Bank.
COURT. Q. How much did you get upon it? A. I can't exactly say, for I have not seen the pass book yet—I drew against the bill, certainly, to the amount of above 100l.
Cross-examined by MR. TAYLOR. Q. When you received it you were perfectly aware that it was an accommodation bill? A. It was an accommodation to me, certainly—I anticipated that I should have to meet it myself—I did not expect either of the other parties to meet it—I suppose I did not expect to get 156l. for my 2l. or 3l.—I expected if I did not meet it somebody else must, the last endorsers—I have been in Sydney—I was under the impression that there was a Mercantile Bank of Sydney, until I heard it contradicted.
MR. LEWIS. Do you believe it now? A. I can't say.
WILLIAM NEWLAND EDWARDS GOODRICH . I am clerk to Messrs. Newton & Sons, notaries, in Birchin Lane—I have been there over six years—while I was there, the prisoner Striemer was there in the office, as a translator, from November, 1862, till about June or July, 1863—during that time, I had frequent opportunities of seeing him write; almost every day—I am acquainted with his handwriting—I believe the body both of the first and
second bills to be in his handwriting; I mean the filling up—it is his ordinary handwriting—the signature of the acceptors, "Grant & Balder," is somewhat like Striemer's, but it is disguised rather—there is a resemblance—I believe it to be his—the other part of the acceptance, "Sighted, Sept. 7, '68; due, Dec. 9, 1868; payable at the London & Westr. Bank, Lothbury," I believe to be in his handwriting also—I mean the words in red ink on the front of the bill.
Cross-examined by MR. TAYLOR. Q. What age are you? A. I am in my twenty-first year—Striemer was about seven months in the office of Messrs. Newton—I had opportunities of seeing his handwriting during that time—I was then about fifteen or sixteen years old—there are plenty of documents in the office with his handwriting upon them—I was always seeing it—those documents have helped me to remember his handwriting—I speak from this, and from the knowledge I got of it while he was there—the words, "Grant & Balder" on the front of the bill, I say, are somewhat like his, and the part in red ink also; some of the letters especially—I never saw him write anything like those words in red ink—the signature, "Grant & Balder" corresponds with that.
ADOLPH GOLDBTANDT . I am a commission agent; I am out of business now—I live at 11, Albion Road, Dalston—I know the prisoners; Striemer I have known about twelve years, and Kunacke about three—I am acquainted with the handwriting of both of them—I believe the body of both these bills to be in Striemer's handwriting—I cannot form an opinion as to any other portion of it—the endorsement, "Byron, Beale, & Co.," and the words, "Messrs. Lawrence, Dogoroff, Sept. 5, 1868," is in the handwriting of Kunacke.
Cross-examined by MR. TAYLOR. Q. Do you know that there is a person carrying on business as "Bassett & Co.," in Bury Street? A. I know a man named Bein—I don't know Bassett—I think Bein carried on business as "Bassett & Co.," in Bury Street, St Mary Axe—I don't know that be rented part of Striemer's office there—I knew Striemer in Bury Street, and I knew Mr. Bein was there with him in that office, but whether he rented it of him I don't know—I don't know that he used it with him—I saw the name of Bassett on the door, and Bein and Striemer were there; it was "Bassett & Co.," on a brass plate on the door—I think Striemer's name was on the door also—I never saw him in the office there; I think I have only been in the office once—I was told that Bein carried on business in the name of "Bassett & Co." there—the only time I was in the office, he was not there—I don't know Gordon—I saw the name of "Gordon & Co." on the door of Striemer's office, in Nicholas Lane, and the name of "S. Striemer" was on the door also—I was there when the prisoners were apprehended by the oficers—I did not hear Striemer tell the officer that the dies and everything belonged to Gordon; I heard him say, "This office belongs to me, and you have no right to come here at all."—I did not hear him say anything about Gordon when the things were found—I did not go there in order to get the men there for the police—I did not go by accident; I went for some bills—I was employed to go and fetch bills, not by the detectives—I went there to fetch the bills, and the police watched me; my employer sent me to fetch the bills—is there any necessity to mention his name?—I was not aware that I was likely to be followed—I was not employed by the police at all—they were following me against my will, certainly.
Cross-examined by MR. GRIFFITHS. Q. Had you spoken to the police about going for these bills before you were followed by them? A. I had not spoken to them about going for bills—I spoke to the police about bils, about an hour before I went there—they did not follow me, through my invitation—I don't expect to receive a farthing from the police if these men are convicted, or from anyone else: not one penny—no money matters have been mentioned to me—I think I have been followed by the police before—somebody told me I was followed—I have been taken into custody and committed for trial—that was for forgery—I say positively that that is Kunacke's writing on the bill—I was positive before the Magistrate—I said then, "I believe the first endorsement on the back of the second bill, 'Byron, Beale, and Co.,' is in the handwriting of Kunacke"—I have not seen him write in my presence, but I know his handwriting so well that I can say it is his handwriting—I don't know whether I ever received letters from him—I think I have—I said before the Magistrate that I was so familiar with his handwriting that I could swear that was his—I had many hill transactions before I was arrested—I am a commission agent—the bill transactions I had with Kunacko were not good bills—I knew they were not good.
MR. LEWIS. Q. What do you mean by saying they were not good bills! A. They were not genuine bills—not genuine acceptances—I knew they were not—they were bills that would not be paid—the parties who had them must take them up—I was committed to this Court on a charge of forgery, and acquitted—I received two bills of exchange from the man Stoven, and gave them away, and I was given into custody for uttering them—it was afterwards proved that I was innocent, and I was acquitted and discharged by the Court here—that was in July, 1867—I had nothing to do with the police in connection with this transaction.
COURT. Q. You say you spoke to the police an hour before you went to the place? A. Yes, that was gtiito accidental—the party who employed me to get him the bill invited me to his office—I went there, and there were the police.
MR. TAYLOR. Q. Is not the person who employed you, a person who has been tried and convicted? A. No—he has not been tried and has not been convicted.
WILLIAM RICHMOND MEWBURN . I am secretary to the Union Bank of Australia, in Bank Buildings—this bill for 156l., was presented to me on 10th of December—I believe the day after it was due—it had no right whatever to be presented—we had no intimation whatever about the bill—I had received no advice of it, and knew nothing at all about it—the banks in New South Wales are required by a Colonial Act to make a return of their assets and liabilities—I am acquainted with the various Australian banks, but never heard of the Mercantile Bank of Sydney—we deal largely with the Sydney Bank, we have a branch in Sydney—I should say that it is not possible for such a bank to have existed without my knowing it.
Cross-examined by MR. TAYLOR. Q. Do you mean that it is not possible for such a bank to have been existing at this date without you having heard of it? A. I think not—when a bank is started our branch there advises us of it as a matter of course.
HENRY EDWARD THORNTON . I am assistant secretary to the Bank of Australlia, Threadneedle Street—we have large business with Australia—I never heard of the Mercantile Bank of Sydney before the last mail—there
was then a Mercantile Bank of Sydney just about to be started, so our November letters said; is was not started on November 2nd—we receive a large number of drafts on all kinds of paper, but I never saw any of the Mercantile Bank of Sydney before—we should in the course of business have been advised of its existence if it had existed.
MR. O'CONNON. I live at Cork, and am a rate office clerk—I have been in Cork forty-eight years—I produce the poor rate book for this year, and these are the rate warrants for 1868—I do not find any firm in them of Byron, Beale, & Co.—I was also for seven years deputy collector of rates, and my duty took me to the principal parts of the city—it is usual to rate all the occupiers—I never heard the name of such a firm.
Cross-examined by MR. TAYLOR. Q. Do those books contain the names of all persons holding rateable property? A. Yes; but for the most part lodgers arc not rated—we rate the tenant for the whole house; but sometimes two or three parties are rated separately, if the rental is large, and commercial men are sometimes rated, two or three parties for the same house.
JOHN CANAVAN . I have been a clerk in the General Post Office, Cork, for the last nineteen years, and have had the means of becoming acquainted with the names of persons in Cork—I have never to my knowledge seen the names of Byron, Beale, & Co.
COURT. Q. What is the population of Cork? A. About 75,000.
JAMES CARSON . I am head constable of the Irish constabulary at Cork, and have been at Cork for twenty-two years nearly—I am well acquainted with the names of the merchants and traders carrying on business there, and have been attached to the detective department over eight years—I never knew such a firm as Byron, Beale, & Co., and if it was in existence I should know it.
Cross-examined by MR. TAYLOR. Q. Do firms give you notice as soon as they come into existence? A. No; but I am generally on the look out for strangers coming into the place—I do not take a note of every shop or office that is opened.
THOMAS NUGENT . I am inspector of letter carriers at the General Post Office, Dublin—I have boon employed there upwards of twenty years—I was originally a letter sorter—I have had means of becoming acquainted with the commercial firms of Dublin—I know no such firm as Grant & Balder—I think I should have known it if it had existed—I have made inquiries at the Dublin Post Office, and of the compiler of the Directory for Dublin, and cannot hear of any such firm.
Cross-examined. Q. How long ago were you a letter sorter? A. Upwards of four years—I am in the city a great deal.
Cross-examined by MR. GRIFFITHS. Q. When does the Directory come out in Dublin? A. In January, and if names are sent in before November, they are inserted.
JOHN POLLEN . I live at Dublin, and ani an Australian emigration agent, connected with the Liverpool and Dublin Steam Navigation Company—I am acquainted with the names of tho merchants and traders of Dublin, but never heard of the name of Grant & Balder—if such a firm existed I am almost certain I should have known it.
WILLIAM HENRY ALEXANDER . I am a clerk in the London and West-minister Bank—I know nothing of Grant & Balder, the acceptors of this bill—we have no such account, and never had such customers—we have never been advised to pay such a bill.
Cross-examined by MR. TAYLOR. Q. Do you not have bills made payable at your bank, sometimes, by persons who are not customers? A. Yes, but we don't allow anyone who has no account to make them payable there—we do have it done sometimes.
THOMAS WAREHAM . I am a clerk in the Consolidated Bank—we discounted this bill for the United Service Bank and we lose the money upon it at present—we cannot find such people as Byron, Beale & Co., or Lawrence & Dogoroff.
Cross-examined by MR. TAYLOR. Q. You lose the money through the failure of the United Service Bank? A. Yes, those are the only people we know of, except Templeton, who was represented to be a respectable man—we trusted to this being a genuine bill—we gave credit to the United Service Bank.
Cross-examined by MR. GRIFFITHS. Q. You say you do not know Lawrence & Dogoroff, but do you know now that they are in existence? A. I only know it by hearing Mr. Templeton say so.
EMANUEL NATHAN . I am a stencil plate maker, of Sandy's Row, Bishopsgate Street—I have known Striemer six or seven years—in September, 1854, he gave me an order for ten stamps, and twelve months afterwards an order for three stamp—I employed a person named Davis to make them and delivered to Streimer the dies that Davis made—I identify two of these dies, one "Byron, Beale & Co.," and the other "Grant & Balder"—I delivered to Striemer all that Davis made for me.
Cross-examined by MR. TAYLOR. Q. Did not Striemer tell you that they were for a person named Gordon? A. Nothing of the kind; he told me he had to send them into the country—he mentioned no name of the firm by whom they were to be paid for—they were paid for at Striemer's office, 15, Great St. Helen's—I do not know whose place it was, there were three or four people writing there—Striemer did not pay me, it was another party who I do not see now—Striemer employed me and gave me that address to take them to—I saw no name up at the office—I made out the invoice in the name of Striemer, and put the dies on the counter—Striemer was there at the time, but another party paid for them, a tall gentleman.
HENRY DAVIS . I am a member of the firm of Davis & Bolton, 15, Wine Office Court, Fleet Street, cutters and engravers of office stamps—I have made various stamps and dies for the last witness—I made these eighteen dies for him in September, 1864, and these ten on September 23rd, 1865—one is a stamp "Byron, Beale & Co., Cork," which made this impression (produced)—another is "Grant & Balder" which made the impression on this bill—I also find one "Pay order M. value in account, Cork"—this one would not produce the impression on the back of this bill, but it is the same name—I made this die No. 1; that would produce the impression I find on the back of this bill—I also find a die "Pay to the order of M. value in account, London," and I find an impression of that on the back of this bill.
EDWARD HENRY YARROW . I am clerk to Thomas Flight, of Walbrook—I let an office at 20, Nicholas Lane, to Striemer, who gave this written agreement in my presence—Striemer paid the rent—I know nothing of a person named Gordon.
Cross-examined by MR. TAYLOR. Q. Did you ever go to the office? A. No; he came to our office to pay—the agreement does not prevent his underletting.
ELIZABETH PAVEY . I am a widow—I was housekeeper to Mr. Flight, and was at the office, 20, Nicholas Lane, day by day—I know the two prisoners—Striemer rented the office, and was there every day, and Kunacke was there most days—he used sometimes to wait to get in, till Striemer came, and at other times Mr. Striemer would be in his office when Kunacke came—Kunacke was there most days.
Cross-examined by MR. TAYLOR. Q. Do not you know that a person named Gordon came there frequently? A. No; but several others came; there was a Mr. Stoven—I never had any message left with me—a person once inquired for Mr. Striemer, but I do not remember that he left the name of Gordon—I saw the name of Gordon on the door, and I have washed it off since—I know the detective, Moss—I have had no conversation with him about Gordon—I may know Gordon's face if I see him—Moss and all the rest of them are of my opinion, that there is no Mr. Gordon—I have had no conversation about it with Moss—I do not choose to answer how I have found out that that is his opinion.
Cross-examined by MR. GRIFFITHS. Q. What floor did Mr. Striemer occupy? A. The second—Berliner & Co. oocupied the first—I do not know whether Kunacke was clerk to Striemer—I was put to let the offices—I have seen Kunacke go into the office, and have sometimes seen him on the stairs—Berliner's office was empty, and I was there to let it—he had left when I was put there—it was a furnished office, Mr. Flight's furniture; there were desks, tables, and chairs—the desks were open when I went there, and we have had the smiths since to put new locks on them since it has been let again—the fresh looks were put on five or six weeks after I was there—Striemer was in possession of the second floor when I went there.
ELIZABETH ANN LANGTON . I am barmaid at the refreshment rooms, 20, Nicholas Lane, over which Striemer had offices—I went there in June last, before Striemer took the office—I have seen Kunacke, sometimes by himself and sometimes with Streimer, in the refreshment room, up to the time they were taken into custody.
Cross-examined by MR. TAYLOR. Q. Do you know a person named Gordon? A. No—I saw several persons with Striemer who used the refreshment room occasionally.
Cross-examined by MR. GRIPPITHS. Q. Will you undertake to say that you have seen Mr. Kunacke in the refreshment room more than once, and in company with Striemer? A. Yes, four or five times, perhaps—we sell eatables as well as drinkables, but they very seldom had anything to eat there, they had drink—Striemer came to his office sometimes at 9 in the morning, sometimes not till 11, or later—I do not know whether Kunacke was his clerk—he came at all times, sometimes before and sometimes after Streimer; but sometimes I was attending to my business, and did not see him—Mr. Berliner had rooms there, too.
JOHN MOSS . (City Detective). On 6th November, about 3 o'clock, I went with Webb to Striemer's office, and found the two prisoners there, and two other persons—I told Striemer I was a police-officer, and should charge them with forging and uttering twenty bills of exchange, with intent to defraud—I asked him his name, he said "Striemer;" I then asked the other prisoner his name, he said "Kunacke"—I said, "Whose office is this?" Striemer said, "It is my office"—I said, "It is our duty now to search this office"—he said, "Where is your authority?"—I said, "We want no authority, we are police-officers"—he said, "I shall object to your searching
my place without a search warrant"—I assured him that we should search the place and proceeded to do so—Striemer was standing in front of a desk, as if he had just risen—I asked him where the keys of the drawers of this desk were, he said, "You will find it in"—I unlocked it, and found in that drawer these fifty-four dies or stamps—in another drawer I found 3449 printed forms of bills of exchange, 104 of which are of the Mercantile Bank—they are similar to the printed forms of the present bill.
Cross-examined by MR. TAYLOR. Q. Was the drawer in which you found the dies, locked or unlocked? A. Locked—Striemer did not tell me that they were Gordon's—he said nothing about Gordon, or about the dies—I do not know from my inquires that there is a man named Gordon; certainly not—I have not said that I know Gordon as Berliner—I have not said, in the presence of constable Oboe, that I knew there was a man named Gordon—I have looked after Gordon, but I do not believe in him—I believe there is a Berliner, but I do not believe there is a Gordon.
COURT. Q. What is Berliner? A. I believe he had an office on the first floor, and called himself a commission agent.
Cross-examined by MR. GRIFFITHS. Q. Was Kunacke standing up or sitting down? A. Standing up—I believe he had his hat on—I do not think he was smoking—he was not standing by the door; he was three or four yards inside the office, which is not very large.
MR. LEWIS. Q. Look at those four dies: are they four of the fifty-six you found? A. Yes, I marked them.
HENRY WEBB . (Police Sergeant). I was present when the prisoners were arrested—I have seen these bills beforev—this one was lying on a desk on the left side of the room, and the ink was wet—it is for 45l., and is dated October, 1868, drawn at four months, from New York—other bills were lying on the desk on the right hand side.
Witnesses for the Defence.
MAX LEWIS . I live at 127, Great Cambridge Street, Hackney Road, and am an upholsterer—I have known Striemer about ten or twelve years—I have known a person named Gordon since about 1861—I did not know where his office was—I last saw him about four months ago—I did not know his office in that time; but I went up to where Mr. Striemer was, in Nicholas Lane; I don't know the number, I wail only there once—it was on the second floor—I saw Mr. Gordon there—I did not see any name up—I did not take notice of it.
Cross-examined by MR. LEWIS. Q. Is Gordon an Englishman? A. I believe he is—I always knew him by the name of Gordon—he used to sell things and buy thins—he used to come to a person of the name of Andrews, at Manchester, when I first knew him—he was not a hawker, he used to come and bring bills, and that to Mr. Andrews.
COURT. Q. A bill merchant? A. Yes.
Cross-examined by MR. LEWIS. Q. Do you know how he got his living? A. I don't know—he translated some pieces for the stage—I have never had any of these accommodations.
STRIEMER— GUILTY . of forging and uttering— Twelve Years' Pend Servitude.
KUNACKE— GUILTY . of forging— Ten Years' Penal Servitude.
There were several other indictments against the prisoners.
There were other indictments against the prisoner.
THIRD COURT.—Wednesday, February 3rd, 1869.
Before Mr. Common Serjeant.
MESSRS. BEASLEY. and COLLINS. conducted the Prosecution; and MR. HARRIS. the Defence.
THOMAS CAUNT . (Policeman K 432). On 14th July, about 10 o'clock at night, I was on duty in New Gravel Lane—I there took into custody a man named Foley, for an assault—I was taking him to the station—I saw the prisoner there—I had known him before—there is a passe in New Gravel. Lane, called Boarded Entry—when we got near there, seven or eight men rushed out and shoved us down the passage—the prisoner was the man who attacked me first—he got hold of me by the oollar—I was thrown down as soon as I got into the passage—when I was on the ground I was kicked several times—I was pulled up by the prisoner and the rest of them, and knocked down again—I still kept hold of the prisoner Foley—I am quite sure the prisoner was one of the men who assaulted me—I was kicked on the track of the head, in the chest and ribs, and the groin—I cried for help, and someone came running up—I succeeded in taking Foley to the station, with assistance—the men all ran away up the passage—I was laid up before I resumed duty, and the first night I went on I had to go sick again—I was off duty about six weeks altogether—I feel the effects of it now—I was under medical care.
Cross-examined. Q. I believe you were rather doubtful as to this being the man, when he was apprehended? A. Not at all—I know that Inspector Taylor is a witness here on behalf of the prisoner—when he was appre hended I was scut for to the station—I did not see him at all, to my know ledge—I don't recollect seeing Inspector Taylor—I don't recollect saying in his presence that I could not identify anyone—I can't recollect anything of it—Taylor said at the Police Court that I said I thought it was a man named Hooper—I Never told Emmerton that I could not identify anyone—I did not tell Blake so—throe of the other men have been convicted, one got six months', one twelve months' and one two years'—I made inquiris about the prisoner—he did not lodge near the police-station then—I know there is a Mr. Hanley here, to say that he lodged at his house—I say that he did not lodge there at the time of the assault—Mr. Harney lives a short distance from the police-station—the prisoner was one of the men who assaulted me—I did not sec him from July to January, to my knowledge.
MR. BEASLET. Q. Does Harney live at Queen's Head Alley, Wapping? A. Yes, about 150 yards from the station—I don't know anything about the prisoner lodging there—I don't recollect anything about what I said
to Inspector Taylor—I was very ill and unfit to do anything after I was assaulted—I had fits—I do not know whether I was fetched from my bed or not—I know what Taylor says; I don't say it is incorrect, but I have no recollection of it at all—I am certain in my own mind that the prisoner was one of the men—I did not see him afterwards until he was taken into the Thames Police Station—I identified him then—that was seven days before Christmas—he gave a false name at the station—as soon as I saw him I identified him and told him his name—I knew him by sight and by name—he seized me first by the collar and tried to rescue my prisoner from me—when I gave information I named the person.
STEPHEN EMMERTON . (Policeman K 483). On the 15th July, I received directions from Caunt and other persons to look for the prisoner—Gaunt described him to me, and mentioned his name—I knew him two years previously by sight and by name—I knew where he lived—I could not find him—I received information afterwards and apprehended him as he was coming out of the House of Correction—I had been on duty in Wapping from the time of the assault till he was apprehended, on and off—I did not see him during that time—I apprehended him on Boxingday—I went to the House of Correction.
Cross-examined. Q. You went to identify him on behalf of Caunt? A. I did; I did not identify another man first—my attention was called to another man, who was going across the prison yard, answering nearly the same description as Caunt gave me—Sergeant Blake said he thought he was the man—I said I did not believe it was, and I stopped him to satisfy myself—Caunt said that the man was five feet six or seven inches, and that he wore a dark coat and a round felt hat—that was the description he gave me.
MR. BEASLEY. Q. I think you said Caunt told you the name of the mad? A. He did, the day after the assault—he said, "Mousey Sullivan," that is the name he goes by—Sergeant Blake drew my attention to a man who had a hat and a coat on like Caunt had described, and I said I did not think it was the man—I did not see the prisoner until he got out of the prison—while I was speaking to the other man he slipped out of the gate.
DANIEL ROSS . I am divisional surgeon of Police—Caunt was under my care in July last—on the night of the 14th, I found him in a very exhausted state, and he appeared to be in great pain, especially about the front part of the chest—there was a swelling at the lower and back part of the head, from a blow—a bruise on the back, and he complained of great pain in the right groin—kicks would produce such injuries—he was under my care for about three weeks before he resumed his duty, and then he had several fits of a paralytic character, and he was on the sick list again for some time—his health was injured very much while the fits were on him—at the time the fits were on they would impair his memory, and for some short time after.
JOHN ROUSE . (Police Inspector K). Mattison was here all day yesterday and the day before—I gave him directions to be here, but I have not seen him this morning—he is a butcher, and I believe his master is in fault for making him do a certain amount of work before he comes away.
NOT GUILTY .
MR. COLLINS. conducted the Prosecution; and MR. PATER. the Defame.
WILLIAM FITZGERALD . (Policeman G 98). About 1.30 on the night of 16th January, I saw the prisoner with three or four other men in Charlotte Street, Curtain Road, Shoreditch—when they saw me they ran away in different directions—I followed the prisoner—he had a bundle, which he dropped—I caught him, took him into custody, and picked up the bundle and found this piece of cloth (produced)—he gave no account of how he came possessed of it.
Cross-examined. Q. How far were you from him when he threw the bundle away? A. Quite close—they were about five minutes' walk from Mr. Skelton's shop—I saw the bundle first when he was throwing it away; he had it under his right arm, under his, coat.
FREDERICK SKELTON . I live at 76, Willow Walk, and am a tailor—about 1.30 on the morning of the 16th January I was aroused from my sleep, and went down stairs into the shop, and found the window broken out, and I missed all the things that were in the window—this piece of cloth is part of the property that was taken away—the bar of the shutters was bent in half—I think there must have been more than one man engaged in it—I had seen this cloth safe the night before—I went to bed between 12 and 1 o'clock.
He also PLEADED GUILTY. * to a previous conviction on 24th August, 1863.— Ten Years' Penal Servitude.
BROWN PLEADED GUILTY .
MR. MOODY. conducted the Prosecution.
HENRY RANDALL . (City Detective). On 22nd January, about 12 o'clock in the day, I was in King William Street and saw the two prisoners—knowing them I followed them along King William Street, Princes Street, Moorgate—Street, to the corner of Loudon Wall—they were in oompany together—there was a crowd collected at the corner of London Wall—there was a collision between two carts—I saw Brown take his handkerchief from his pocket and cross over to the prosecutor Levermore—he stood on the left side of him, held his handkerchief in his right hand, and with his left drew the watch out of the prosecutor's pocket—I saw the watch in his hand—Edwards was standing close beside him, so as to conceal him—I had to go round the van to got to them, and while I was going round Brown ran away—I ran after him, and caught him in Bell Alley—I found a key and a knife on him—he refused his address—a young man who was with me seized hold of both of them, and before I could get round to assist him Brown got away.
Edward. I did not know he was going to do anything wrong. I was going to sell my cousin's donkey—I was holding the horse's head? Witness. He was not.
SIDNEY WINDEGO . I live at 18, Nelson Street, City Road, and am a gas fatter—I was with Randall, and followed the prisoners to the corner of London Wall—I saw Brown take his handkerchief out, and hold it over his left hand while Ir; took the watch—Edwards was standing close to him, as if
to cover him—he was not holding the horse's head—I saw the chain drop, and caught hold of both the prisoners; Brown got away; I kept hold of Edwards, and gave him into custody.
Edwards. Directly he took hold of me, I asked him what he was taking me for. Witness. Yes he did—I said for being in the other man's company, and stealing a watch.
JAMES LEVERMORE . I am a carpenter, and live at No. 6, Hanover Street—I saw the collision between these two carts—I was in the crowd—I lost my watch, worth about 2l. 5s.—I knew nothing about its being taken—it was broken from the chain—I have not seen it since.
Edwards' Defence. I was going up to the New Cattle Market, to sell a donkey for my cousin; I had seen the prisoner on two or three Fridays. I asked him if he was going to the Market; he said he was. There were two carts in Moorgate Street, and the man said, "Will you hold the horse for a moment?" I said, "Yes." The man then laid hold of me, and Brown ran away. He said, "You know something about it, you stole the watch." I knew nothing about it, and they gave me in charge. I am innocent of it.
JOHN BROWN (the prisoners). I have pleaded guilty to this. Edwards did not know that I was going to do anything wrong.
COURT. Q. Did you speak to him when you went into the crowd? A. No—I was the one that stole the watch, but I don't know that he saw me do it—I have seen Edwards before at the Cattle Market—I knew him for two or three Fridays—I walked with him from Tower Hill on this day—I have been out of prison two months—I was convicted on 22nd December, 1867, and had twelve months—I don't know where Edwards lives—we were going to run horses up and down at the Cattle Market—I met him on Tower Hill, by chance—he said he was going to the Cattle Market, and I said I would go too.
MR. MOODY. Q. Do I understand that you only saw this lad on two or three occasions before? A. Yes, to my knowledge—I have not been meeting him every day for the last six or seven weeks—I swear that—I had not been working with him—I was sentenced to twelve months' for stealing a purse from the person—I have been at work for a Mr. Wright, in the Commercial Road, since I came out—I was there a week before Christmas and about three besides after.
SIDNEY WINDEGO . (re-examined). I followed the prisoners from King William Street—I saw Brown attempt to take a gentleman's watch in Prince's Street, but he did not succeed—Edwards could see what he was about—he was covering him.
HENRY RANDALL . (re-examined). I have seen the two prisoners together in the City, for the last six weeks or two months—I have watched them a great many times—they are always what we call working together.
Edwards. I have only seen the chap three times in my life. I will swear to it.
EDWARDS.— NOT GUILTY .
BROWN PLEADED GCILTY. * to a previous conviction on 22nd December, 1867. Seven Years' Penal Servitude.
—FROST, PLEADED GUILTY .— Twelve Months' Imprisonment.
MR. DAVIN. for the Provention, offered no evidence agains WILLIAM and SARAH EVANS.
NOT GUILTY .
FOURTH COURT.—Wednesday, February 3rd, 1869.
Before Mr. Recorder.
WILLIAM FISK . I am manager to Christopher Walton, of 8, Ludgate Hill, in the parish of St. Gregory, by St. Paul—on 25th January, about 2.45, a gentleman was in the shop, and the prisoner came in and asked to be shown a diamond ring in the window, marked eight guineas—I took one out marked eight guineas—I asked him if that was the one—he looked at it and said that it was not—I got another out marked the same, and asked him if that was it—he said, "That is it, but it is not large enough—I took another out marked nine guineas, which was a little larger—he said, that is more the size, but he should like to see one with two or three stones in it—I took the two eight guinea ones back, leaving the nine guinea one in his hand, and while putting them in the window, he opened the door and rushed out with the nine guinea ring—I went to the door and halloaed, "Stop thief!" which created an alarm—and I saw some people pursue him—the shop lad ran out, and as soon as I found the shop was in safe custody, I ran out myself, and found a mob at the bottom of Creed Lane, and the prisoner in a constable's hands.
JOHN WHITE . (City Policeman 453). On 25th January, a little before 3, I was on duty in Carter Lane, and saw the prisoner running—I stopped him, and asked him what he was running for—he said, "Nothing; it is all right"—I said, "You will have to stop for me to see if it is all right"—some persons came up, and some of them said, "That man has stolen a gold ring"—I put my hand in the prisoner's trowsers' pocket, and found this ring (produced).
Prisoner. I never ran at all. Witness. You were running as fast as you could.
HENRY SCHALLEN . I live at 2, St. Mark's Crescent, Notting Hill—on 25th January, about 2.45, I was in Mr. Walton's shop—the prisoner came in, and asked Mr. Fisk to show him a ring which was in the window, at eight guineas—he did so, and the prisoner asked him to show him a second—he did so, and that was too small, and would not fit, and he asked to see a third—while Fisk was putting back the other two, the prisoner ran out with the ring in his hand—I ran across the street, but could not see him; but he was pursued and taken—I saw two diamond rings and a black enamel ring.
Prisoner's Statement before the Magistrate. "I never looked at but two rings, and this one I had to ascertain the value of it."
Prisoner's Defence. I had this ring, and went in to compare it with the others. I spoke to Mr. Schaller, because I had known him before, and was surprised to see him there. I was walking quietly to the Times office, and was stopped. He said at the Police Court that he had a private mark on the ring. I want to know what it is. I only saw two rings, and they were put back.
GUILTY .— Twelve Months' Imprisonment.
MR. WADDY. conducted the Prosecution; and MR. HARRIS. the Defence.
JAMES DROVER BARNETT . I am a shorthand writer, of 89, Chancery Lane—I am one of the official shorthand writers of this Court—I was present at the trial of James Coutts, at this place, on Friday last, 5th January, before the Recorder, and took notes of the evidence given on the trial—I remember Mr. Alsop being called and examined as a witness—I took down what he said—this (produced) is a transcript of the evidence he gave—I have my original notes here—Mr. Minot, clerk to Mr. Justice Willes, produced the affidavit of Mr. Coutts, but could not identify him; and then, after some conversation, Mr. Alsop was examined—(The examination was read, as at page 294: the part upon which the perjury was assigned bang that Coutts was present before the taxing-matter on the 14th November, when his affidavit was used.)
Cross-examined. Q. About how far are your chambers from Serjeant's Inn? A. Probably about 100 yards.
MR. HARRIS. submitted that the indictment could not be sustained, as the point upon which the perjury was assigned was not material to the issue. THE RECORDER would not stop the case, but would reserve the point if it became necessary.
JAMES GOUTTS. I produce a copy of the record of my trial—I have examined it with the original—I am now carrying on business as a baker, at Bromley—I first became acquainted with Mr. Alsop a little after 4th December, 1867—I had seen him before, but not to speak to him, I think—from that time onwards, he was repeatedly engaged as solicitor for other parties against me—he was solicitor in an action brought against me by a person named Kelsey—I made an affidavit in that action—this (produced) is the affidavit to which I was a party, with Mr. Bleby, who was my solicitor in that action—it was sworn on 11th November, 1868—I received a communication from Mr. Bleby about 10 o'clock on the night of the 12th; in consequence of which, I came to town on the morning of the 13th—I also came to town the next day, the 14th, and I went to Mr. Bleby's office, which is about the middle of Chancery Lane—I came from the Southampton Buildings side, at the top of Chancery Lane—if I passed Serjeant's Inn at any time that day, it must have been after the taxation; I have no recollection that I did—it was a little after 12 o'clock when I got to Mr. Bleby's office, not beyond 12.15, I think—I had some conversation with Mr. Bleby as to the taxation, after which Mr. Bleby left the office with Mr. Peace, his clerk, leaving me in the office—I remained there until Mr. Bleby's return, all the time—Mr. Peace came back once before his return—during the whole of the time, a youth named William Edwards was in the office with me—I was not present in the taxingmaster's room on any occasion; I was never before a taxingmaster at all in my life, to my knowledge—I was not present when this affidavit was used and read at the taxing; I did not see it there at all.
Cross-examined. Q. You describe yourself as a baker? A. I do—I have been a Baptist minister—I should say it is four or five years ago since I ceased to have a fixed charge—I became acquainted with Mr. Mitchell in Bromley—I was not in business between the time I ceased to officiate as a minister and the time of my meeting with Mitchell; that would be about
four years—I subsequently made an arrangement with Mitchell to see to his accounts; not in the first instance—an arrangement was made that I was to have 100l. a year for it, but I never had any—I think that arrangement continued about nine months—his was the business of a baker—my name was not over the door instead of his at the end of the nine months, it was in the beginning of the following year—it was not while I was arranging his accounts that he became bankrupt; it was some time after; four or five months—I had not a bill of sale for 1200l. on his goods; it was for between 900l. and 1000l.—Mr. Kelsey was a creditor, and was the creditors' assignee—he brought an action against me to contest the bill of sale—on that occasion Mr. Alsop acted as his attorney—I am happy to say I have not had any private business matters with Mr. Alsop; I never had any private business arrangements with him; I have never employed him—I believe I have not been brought into connection with him at all, except when he was acting as solicitor for other parties—I swore that affidavit—it states: "I swear that I have paid the witnesses, other than the said Ernest Robinson, for their travelling expenses and attendance at the Assizes, the sums set opposite to their respective names in the schedule"—I had paid them partially, not in full—if you wish me to explain, I can do so simply, and it will be patent that there is no untruth in it.
COURT. Q. It would be untrue, whether wilfully untrue or not is another thing; but, if you swore that you had paid them, and you had not, it was untrue? A. Quite so.
MR. HARRIS. Q. Had you paid any of the three persons, Strong, Carpenter or Robinson, in full? A. Carpenter and Robinson were not paid in full—Strong was paid in full—that is to say, he owed me more than his claim, and that he admitted—I knew that this affidavit would not be used that day, but it was to be used at some future day—I knew on the evening of the 12th that it had been impounded, but I knew nothing about it on the 11th—I went to London on the 13th, to my solicitor's chambers, in Chancery Lane—he had used this affidavit—I did not know that he was to use it—I went to his place because I had a letter from him on the morning of the 12th—it was with respect to the taxing of my costs—I was there, I believe, the whole time while the matter was before the master on the 14th—I knew on the morning of the 13th that it was going before the master on the 14th—I did not go before the master—I was forbidden to go by Mr. Bleby—he stated I had better not go—he assigned no reason at the time, therefore he could not have said it was because it was untrue—I did not ask for any reason—I had previously seen him and explained the whole case to him—he did not say why I was not to go before the taxing—master—I had an idea why—I had no wish to come in contact with Mr. Alsop, for one reason—I give that reason on my oath—that was a reason which led me not to go—if it had been left to myself I should not have gone, and that would have been my reason—if my solicitor had told me to go I should have gone, whatever my reasons may have been—the immediate cause of my not going certainly was my attorney telling me not to go—you asked me my private reason, and I told you I did not like to meet Mr. Alsop—my solicitor gave me no reason—ho came hurriedly into the office and he left hurriedly, but he said "Mr. Courts, you need not go;", and I said "Very well, I will remain till you return."
COURT. Q. You said before that he forbade you to go! A. He told me not to go.
MR. HARRIS. Q. Which was it? A. He forbade me to go; it is perfectly true that he said I need not go—it is no use perplexing me; I wil explain simply how it was, Mr. Bleby had an engagement at Westminster that morning, I was waiting there from 12.30 till near the time of the taxation, for his arrival, he came in hurriedly, and said "I am going to this taxation"—I said "May I go," or "Shall I go"—he said "You should not go"—I don't know the exact words, but he forbade me to go, and in consequence of that I did not go—the effect was that I did not go—if he had said "Come," I would have gone—it was in consequence of my solicitor telling me I need not go, or I should not go, or forbidding me to go, that I did not go; that is quite correct.
Q. Then it was not because of your not wishing to meet Mr. Alsop? A. If you ask me my private reasons—
COURT. Q. What were your private reasons—had you any reason except being forbidden by your attorney? A. Yes, but at that time my not going depended entirely upon my attorney forbidding me; I had no other reason.
MR. HARRIS. Q. Then it is not true that you did not go because you did not want to meet Mr. Alsop? A. No; I don't want to misunderstand you, but you wish to perplex me. The witnesses are all paid their expenses—Strong was paid before—Carpenter is paid—I called at his house the day the affidavit was sworn, on the 14th November I think—I paid him myself; I called twice to see him and failed to see him, the third time I did see him—that was on 14th November—I paid them all on the same day—Strong was paid, that is to say it was only to settle the accounts per contra—I did that on the 13th—Robinson was paid on the 13th also, I sent the money to him, I sent the money to them both—I never said that I was before the taxing-master on the 12th—I never said to anybody at the last trial that I was not there on the second occasion but I was there on the first.
MR. WADDY. Q. The last time you were before the learned Recorder did you hear anything at all said about your having been there on the 12th, except by Mr. Alsop, when he said "The affidavit was used on the 12th, when the defendant was not present, and on the 13th and 14th when he was!" A. No—I swore this affidavit on the 11th November; after having sworn it I went direct from London to Bromley and called on Carpenter, he was not in, but I saw his wife and told her I had come to pay Mr. Carpenter 14s. 8d., being the balance due to him—I left some instructions with her and went away—I called again next morning, the 12th—I left the money at the house on Friday, the 13th—I had taken the 14s. 8d. with me on the previous occasions to pay him—at the time I signed this affidavit I knew it was not to be used that day—Strong owed me an account greater than his claim—I went and told him that would square it up; I saw him on the 11th—I wrote to Robinson when I got home on the 11th, that letter was returned to me.
BENJAMIN LAWRENCE WILSON . I am one of the ushers of this Court—I was present on 15th January, when the last witness was tried—I heard Mr. Alsop examined—I administered the oath to him in the usual form.
HENRY WILLIAM BLEBY . I am a solicitor, of 88, Chancery Lane—I was attorney for Mr. Coutts in the action of "Kelsey against Coutts"—I swore part of this affidavit—I was not present at the taxation of costs on the 12th;
my managing clerk, Mr. Peace, attended for me—I received some information from him, in consequence of which I wrote a letter to Mr. Coutts—I have not got that letter—(MR. COUTTS. "I have not got it")—I saw Mr. Coutts when he called on me next morning—on the morning of the 14th I was at Westminster Hall—I came up from Westminster Hall to my office, and found Mr. Coutts there—he 'did not go with me to the taxation; he was not present during any part of the time—I left him in my office when I went, and found him there when I came back.
Cross-examined. Q. How was it Mr. Coutts did not go? A. He asked me whether he should go, and I told him I thought he had better remain away—I have no objection to tell you my reason for saying so—it was because I was informed he had been threatened with an indictment for perjury, and I expected if he went, he would be questioned, and his answers used against him—I understood that Mr. Alsop had said something about an indictment—I don't say that he was to prefer the indictment—I don't know that it was Mr. Kelsey—I only heard that Mr. Alsop had said that Mr. Coutts was to be prosecuted for perjury—that was why I thought he had better not go.
COURT. Q. Did you tell him that? A. No, I did not; I gave him no reason.
HENRY CARPENTER . I am a painter, living at Farwig, near Bromley—I was present at the taxation of costs—I was not there on the 12th—I first flaw Mr. Alsop about this matter on the 11th, at his office in Bromley—he asked me if I had been promised some money by Mr. Coutts, and I said no, I had not—he said, "Mr. Coutts has sworn in his affidavit to having paid you money"—I said, "Then I have not received any"—he said he thought Mr. Coutts had committed perjury, or something of that sort, that he had been a long time trying to catch him, and if he got him this time he would not like to stand in his shoes for so much money, or something of that sort; that was it as near as possible—that was on the 11th—after that I went to my own house—my wife gave me some information, and I went back, and told Mr. Alsop what my wife had told me—I said that Mr. Coutts had been to pay the money—he said, How do you know"—I said my wife said so—he said, "You can't swear to that, because your wife's evidence is no evidence; you were not at home, and you never saw him"—there were other things passed, I don't exactly recollect—I told him that I was to call and see Mr. Mitchell, to receive the money next morning, that was the 12th, and he asked me if it would make any difference to me if I stopped away—I believe Mitchell was at that time managing the baker's shop—Mr. Coutts came to my house afterwards, and paid me this money—Mr. Alsop told me, I think, at the second interview, but I would not swear that, that I should not be the loser, he would make up the 14s. 8d., I think it was; I am not quite sure of the amount—I said I thought it was more than 14s. 8d.; it was 1l. 4s. 8d.—he said well, if needs be, he would pay me the 1l. 4s. 8d—10s. had been paid with the subpoena—Mr. Alsop afterwards brought me a paper, which I signed—I went before a Magistrate at Bow Street—I afterwards saw Mr. Alsop, and told him I thought he had treated me rather badly in bringing me into an affair that I did not know anything about—I believe that was the beginning of the conversation; it is some time back; I cannot recollect positively—I told him I thought he had done me wrong, and ill-treated me in making me a complainant to enter an action against Mr. Coutts—he
would not listen to me; he laughed at me, and said I was a weak-hearted man, or something of that sort—I said I—should like to know the position he had placed me in—I had been to Bow Street before I appeared before the Magistrate when Mr. Coutts was committed.
Cross-examined. Q. Were you a complainant? A. I believe I was—Mr. Coutts paid me the money on the 12th, I beg pardon, on the 13th; he came before it was exactly light—I was not astonished that he should pay me, because my wife had told me before that he had come to pay me, and told me I was to go to Mr. Mitchell's at 9 o'clock next morning—I told Mr. Coutts I thought I had not any claim on him; at any rate, I led him to suppose I did not expect any—he waited till I got up—that was on the morning of the 13th.
The Defendant's Statement before the Magistrate was read, as follows: "What I have to say is this; there have been many meetings between myself, as solicitor for various parties, and Mr. Coutta I have met him at the Bankruptey Court on two or three occasions; I have met him at the Examiner's Office, in the Court of Chancery; I have met him at Judge's Chambers; I have met him before the Judge; I have met him at the County Court, at Bromley; and I have prosecuted him, as an attorney, in the Criminal Court at Bromley. I was in the habit of meeting him, on law business, almost daily. It has been proved in evidence to-day that Mr. Coutts was within thirty yards of the place where I swore to seeing him. He must have passed the office with the windows opening on the street at or about the time I was at the Taxing Office. It has already been proved that there were several persons present, and a great confusion existed. I was no witness set down in my counsel's brief; I was asked the question suddenly, if Mr. Coutts was present, and I answered 'Yes' I then went into the box, and honestly and conscientiously deposed to what I believed to be the truth. The learned counsel turned round and asked my clerk if Coutts was present on the 14th, and he immediately answered, 'He was,' and this before I had an opportunity of communicating with him. The next witness, Mr. Kelsey, was asked the same question, and he said "He was," but, on cross-examination, he would not go beyond belief. I have nothing more to say."
GUILTY .—Recommended to mercy by the Jury, in consequence of his character, and also by the Prosecutor.— Judgment reserved .
NEW COURT.—Wednesday, February 3rd; and
OLD COURT.—Thursday, February 4th, 1869.
Before Mr. Justice Hayes.
MESSRS. RIBTON. and GATES. conducted the Prosecution; and MR. SEIUTAIT SLEIGH, MR. F. H. LEWIS. and MR. GOUGH. the Defence.
Dendy—I produce also a record of a trial in that Court—I have also a will of the same person, made in May, 1859, and proved in 1866.
Cross-examined by Mr. SERJEANT SLEIGH. Q. There was a trial in December, 1866? A. I believe there was—I cannot say whether a second trial was granted upon affidavits, and upon payment of costs.
THOMAS ALLAN REED . I am a shorthand writer—I was instructed to attend in the Probate Court, upon the trial Young v. Dendy, in December, 1867—the prisoner was sworn as a witness, and I took notes of his evidenoe up to a certain point—I heard him examined by Dr. Deane, and a question was put to him as follows: "Before she came to live at Feltham, from the time of your knowing her in the house of her father, when you first went to live in his service, to the time when she came to live at Feltham, and thence at the Hollies, in what state did she seem to be, as far as her mind was concerned?"—the prisoner answered, "Perfectly quiet"—another question was, "Did she at any time appear to you to be like a person who did not know what she was about?"—his answer was, "No, never, at any time"—" From the time of her coming to live at Feltham, to the time of her mother's death, did you notice anything wrong about her?"—answer, "No, never"—" On the night before the will was signed, when Mr. Hambrook was there, and on the morning before the will was signed, and the day after the will was signed, did she at all those times appear to know what she was about?"—answer, "Perfectly; there was nothing to induce me to believe that she did not know what she was doing; she always knew what she was about, even to a penny."
LUKE NUNNELEY . I am an assistant to Mr. Reed—I took notes at the trial of Young v. Dandy—I took the cross-examination of Harris—in answer to Mr. Chambers he said, "I never saw the slightest oddity of manner about Miss Alicia Dendy—she knew what she was about as well as I do at the present time—she always acted as a lady in my presence—she did not seem to be different from other young ladies in the slightest degree—I never saw that she had an odd way of shaking hands, of putting her hands behind her—she never screeched or screamed, or made any sort of screeching noise, she was not stupid enough to do that, and I will swear that she never did it in my preasence—I never saw her go out into my garden and screech, nor did she ever, in March, 1859, go out more than once with only her chemise on—I never made a bonfire on the 4th or 5th November, in any year in my garden, and I never said that she was much frightened at it, and that it damaged a walnut tree—I never used to walk arm in arm with her, but she has taken my arm when crossing a street in London, Regent Circus and other places, for instance—it was not a common habit for her to take my arm at other times—I have never been seen dragging her along the foot pavements of London at a great pace."
Cross-examined by MR. SERJEANT SLEIGH. Q. Did you attend professionally at both trials? A. I did—the first lasted six, and the second, I think, eleven days—a great number of witnesses were examined.
MR. RIDTON. Q. Were there medical witnesses examined? A. There were, and a number of witnesses were called as to the execution of the will—a great many witnesses were examined, independently of the question of insanity.
ARTHUR HYDE DENDY . I am a barrister, residing at Torquay, and the prosecutor in this case—I am not in practice—my father died in April, 1846—at that time I had a brother and two sisters living, but now I am
the only representative of the family—my mother and sister Alicia, the testatrix, went to live at Southend after my father's death—my other sister, Albinia, was an imbecile from her birth—she went with them, and they stayed there till 1855, when they removed to Feltham, and took up their residence, temporarily, at the cottage of the prisoner, whilst a suitable house could be obtained for them—in December of that year my mother took the "Hollies" at Feltham, and she and Alicia went to reside there—Albinie remained at the prisoner's house, who, with his wife had been servants in the family for many years—in 1858 my mother died—I saw them but very little during the time they resided at Feltham—after my mother's death, Alicia gave up the "Hollies" and went to live at the prisoner's cottage again, taking her furniture with her—Alicia died in February, 1866—I received a telegram, stating that her clothes had caught fire, and that she was seriously ill—I discovered, on my arrival, that at the time the telegram was sent she was dead—her clothes caught fire accidentally—I arrived at Harris's cottage in the middle of the night, and after her death I was there occasionally, and at other times I was in London—this continued till the 9th April—on the day after my arrival, Harris gave me a will, executed by Alicia, and dated, 1857—he told me that his wife, Mary Ann Harris, had had charge of it during her lifetime—she died in March, 1865—there was a legacy of 100l. left to her, and some shares in the New River Water-works Company to my sister Albinia, but the bulk of Alicia's property I took possession of as heir-at-law and next of kin—at the time the will was made my mother was living, and she had possession of the shares in the New River Company—the will was proved by me—Harris said that another will had been made, but Mrs. Harris had told him it was a very unjust one, and ought to be destroyed, and they believed it had been destroyed—some portion of Alicia's furniture had been sent to a warehouse at Hounslow—there were a great many pictures and a quantity of plate, and the latter was stowed away in Harris's cellars—I removed most of the furniture in April, 1866, and returned to Torquay—a portion of the furniture I left for the comfort of my sister Albinia—when I removed the cabinet and pier glasses, Harris seemed to be annoyed, and complained of the stains upon the paper where they had been fixed—on my return the night after, he said that I had taken away the bed on which his niece slept, and that she was obliged to use the pillows as a bed since—he expressed great annoyance—on the 16th April, a telegram reached me at Torquay to the effect that another will had been found, and was in the hands of Mr. Young—I came up at once and saw Mr. Young's solicitor, and I afterwards went to Harris's cottage—he said that the second will was found amongst some illustrated London Newspapers, which they had lent to Alicia, the testatrix—that will was much more favourable to Harris than the first one—before I received the telegram, I had discovered, in the drawers of the furniture, a number of old papers in my sister's handwriting, and from what I then read I was led to dispute the second will—I had proved the first will before those papers were discovered—they were used on both trials—I had no evidence as to my sister being incompetent in 1857, but I had my doubts afterwards, from what I read of the papers I had discovered—the first trial was managed be Mr. Sadler, who is now dead—upon the evidence of additional witnesses, a new trial was granted, and a great many medical and other witnesses were called—the resnit was that, after eleven days, a verdict was given for Mr. Young and against me, as before.
Cross-examined by MR. SERJEANT SLEIGH.. Q. The second trial was against you, and then you moved for a new one? A. I did, but it was refused against me by the Judge of the Probate Court, with costs—since then I have appealed to the House of Lords, and the appeal is pending, on the ground that the verdict was against evidence—the prisoner had been in the service of the family upwards of thirty years—his wife had been nurse ever since Albinia was a baby—after Mrs. Harris's death I contemplated the removal of Albinia—she lived with them at Feltham, from 1851 to January, 1867—I paid them so much per annum for the purpose of taking care of her—very shortly after the second trial, when the verdict was against me, I removed her to the house of a clergyman, under a certificate of lunacy, and the prisoner was tried for having kept a lunatic without a license—the prosecutors were the Commissioners of Lunacy—Dr. Tuke gave the information; he was intimate with the Commissioners, and I was subpoenaed to attend the trial—Dr. Tuke said that he considered it his duty to report the matter to the Commissioners—it was dismissed, and they had to pay costs—it was my intention to remove her long before that—the prosecution was instituted in October, 1868—subsequently I gave instructions to my solicitor to take the present proceedings against the prisoner—the case lasted four or five days before the Magistrate, at the Westminster Police Court, and then it was dismissed with costs against me—my motive in prosecuting him was this, that he had made certain statements to me in my sister's lifetime, which he afterwards denied at the trial—I remember when at Feltham seeing some copies of old Illustrated London News in a chest of drawers, but how they got there I cannot say—Harris said that the second will was found amongst-these papers—I was not examined at the Police Court, I was at Torquay till the last day, when I came up, expecting to be examined—I then found that the case had been disposed of—Alicia never visited me at Torquay, but in 1859 she saw me at Kentish Town, and remained with me for upwards of ten days—a young lady named Squib, a schoolfellow of my sister's, was called as a witness in the Probate Court—Dr. Kingsford was examined on behalf of Mr. Young—he had attended my mother and sister—in 1858 or 18.59 I entered into liquidation with my younger brother Frederick—there were certain differences between us, and it became necessary to get the authority of Alicia with reference to certain written documents—I have no doubt, on my word as a member of the bar, that Miss Alicia Dendy did give in writing an authority to sue my brother in 1858, that was at my request, through my solicitor—it was in January, 1859, it was merely a formal matter—I became acquainted with Mr. Harriett on the very last day of the first trial—I knew nothing of him previous to that—he has no occupation, that I am aware of—he has been occupied from that time in assisting me in this and other matters—I have chambers at Bream's Buildings, he is occupied there as my friend; I find him very useful—he was ready to be called as a witness on the second trial, but he was not called—I was not present at Westminster Police Court, but I believe he was there, and that he would have been examined if the inquiry had gone on—he is, I believe, to be examined here—I cannot say whether my sister Alicia used to manage the household affairs, I have no doubt she did certain things—she drew her own cheques, and she kept a diary and housekeeping books, in a very imperfect form—she purported to keep accounts—these two wills are both written entirely by herself, and the second one is mutilated in pencil—if I
had had anything to do with the prosecution it would have been in a different form, it would have been for keeping two lunatics, my sisters, in an unlicensed house—I should have indicted him for keeping both—the other sister, Albinia, is dead—I was paying 200l. and odd a year for her.
Q. You knew that Alicia was an imbecile; how came it that you never took Dr. Tuke, or any mad doctor, there? A. Mrs. Harris died in March, 1865—I went to see them, and found a nurse there—I thought she was a respectable party, and that she might remain there longer—I belong to the Inner Temple.
MR. RIBTON. Q. How did you become acquainted with Dr. Tuke? A. My solicitors called on him in order to give evidence in the first trial—that was the first time I was acquainted with him—I never spoke to him till the progress of the trial—he was in constant communication with the Commissioners in Lunacy—he heard the evidence on the first trial—the papers I found were produced at the first trial, and Dr. Tuke heard the evidence in reference to them—I did not, directly or indirectly, authorize him to communicate with the Commissioners before he did so—he communicated with the Commissioners in Lunacy without instructions from me, and I believe they instituted the prosecution; I was subpoenaed as a witness, and gave my evidence on the trial—Mr. Sadler, my attorney, died in the middle of last year—I had to hand over my affairs to another attorney, and then this prosecution was instituted—Mr. Harriett has rendered me assistance in procuring witnesses for the prosecution, knowing the locality—it was through him I obtained some witnesses who were called on the second trial—the first time I saw Mr. Harriett was at the Probate Court—I knew he was there the first time—he was not subpœnaed, he volunteered—he came in at the last moment on the first trial—he lived at Feltham, in the neighbourhood of Rose Cottage.
GEORGE GILLHAM . In 1866 I was gardener to Mr. Glossop, of Feltham House, about 140 yards this side of Harris's house—I saw a van at his door one morning in April, that year—Harris shortly afterwards spoke to me about what was done with the van—(Mr. Dendy was dead then)—I was in Mr. Glossop's second garden, nearly opposite the back of Harris's house, and Harris was in his own garden—there is a wall between the two, nine feet high on Mr. Glossop's side, and eight feet on Mr. Harris's side—Harris put a ladder against the wall, and got up, and said, "That fellow has taken the things away"—I said, "What fellow?"—he said, "That Dendy," and that he had something in his house which would make him d—d glad to bring them back again, and that he would make him sh—t himself—another gardener, named Hurst, was close by my side—Harris afterwards said that Dendy was a d—d rogue, and robbed the family of 800l. on the death of his father.
Cross-examined by MR. SERJEANT SLEIGH. Q. Have you lived at Feltham many years? A. Fifteen years—there were two Miss Dendys, sisters, living at the prisoner's house—I did not come here to speak about Miss Alicia Dendy—I was at the Probate Court three days, but was not called.
THOMAS HARRIETT . I have lived at 3, Bream's Buildings until the past day or two—I am a practical East India pale ale brewer—on 24th December, 1866, I heard something from a witness, and went to the Probate Court—I there saw Mr. Dendy and had some communication with him, and at his request pursued inquiries at Feltham, where I was living—I knew something of Mrs. and Miss Alicia Dendy—Mrs. Dendy was living at the Hollies when I
went to live at Feltham, in December, 1857—and from that time till Mrs. Dendy'sdeath, I saw Miss Alicia almost daily—I saw her going from the Hollies to Rose Cottage two or three times a day—Mr. Harris was with her—in 1857, 1858, and 1859, I noticed that she had an extreme dread of meeting me—running behind Mr. Harris when he had not hold of her hand or arm to prevent it, she left him and ran as far as the hedge would allow; she took a semicircle; and every time she met me she did the same, if she was not withheld—the field gate through which they went was immediately opposite my flower garden, where I was usually working, and if Mr. Harris let go of her hand to unfasten the gate, she would endeavour to run away from him—I have generally seen that—I have seen her crossing the Green very frequently, and observed her peculiar manner of holding up her clothes, and running like a partridge, with her head and her feet very forward; it was very peculiar—she seemed to stoop down, lay hold of her clothes and draw them very tight to her behind, and then run, and Mr. Harris would run after her—I have seen her at the window when Harris was in the yard—he must have seen her, because she used to throw up the window, and call out, "Go away!" or something like that—and I have seen her run from the garden gate, half way up the field—(I spent most of my time working in my garden, I had no brewery there, having retired for ten years)—Harris would press her tight with one arm, or else get his hand under her arm—that seemed the only way in which he could restrain her—I have heard her make an extraordinary noise at her bed room window—I think it was, "Be off!" it was a peculiar sound—sometimes she could not he said to be dressed—I do not mean nude, but in deshabilli—it was difficult to avoid looking at her bed-room window to see if she was undressed—I have seen that on many occasions—I have never said anything to Mr. Harris about it.
Cross-examined by MR. SERJEANT SLEIGH. Q. Do you reside at Bream's Buildings? A. Only two days at Mr. Dendy's chambers—I have a house and a brewery at Croydon, and I go there when I can—since I first saw Mr. Dendy, in 1866, loss has accrued to me—I have refused all payment; Mr. Dendy has very honourably offered it to me—I have had money from 1866 to 1869, but no remuneration—I have had 91l. 15s. 6d. for travelling and hotel expenses from Mr. Dendy; about 50l. of that was for my railway fare; I was in most of the counties of England, to make inquiries about the late condition of Miss Dendy—I have met Webb, a detective officer, on two or three occasions, but not as an agent; I called upon him—my place of business during 1856, 1857, 1858, and 1859 was at Elm Cottage, Feltham—I was a professor of brewing; I studied the science for thirty years, and practiced it also—I have also had 7l. 1s. 5d. in this prosecution since January 7—my two sons have been conducting the pale ale business at Croydon, while I have been going all about England making inquiries—I visited a place in Oxfordshire called Pillerton Horsey, on February 13, 1867—I went there to see a sister of the prisoner, and to see the whole ramification of the family.
Q. Did you introduce yourself as a friend of Harris, and sleep there one night? A. I introduced myself as Dendy's friend; it would be very dangerous to answer that question directly—I was invited to stay there a night, as there was no inn in the neighbourhood, and I did so—that was about 14th or 15th November, 1867—the expense of that trip was included in the 91l.—the 91l. was for 1866 and 1867—I pursued my inquiries very little in 1868—I have passed a part of my life on the other side of the water,
near Newington Sessions House—I was a month of 1859 in Horsemonger Lane for a debt to a gentleman in the Strand—that was many years before I commenced these inquiries—I knew Mr. Sadler, the solicitor, from December, 1866, to his death—besides the 91l. from Mr. Dendy, I had 3l. from Mr. Sadler, which was returned to him; he lent it to me during Mr. Dendy's absence, for the expenses of travelling—I afterwards made my reports to Mr. Dendy, after travelling.
Q. I suppose you have not the smallest anticipation of a handsome douceur? A. I have had such kindness from Mr. Dendy that I should have refused it—when I had a case of my own in the Probate Court he sent me a large sum to pay my witnesses; 60l. or 70l.; perhaps more—it was in 1868, and it was the most noble act in the world—I gave him a security for it—I was residing at my house at Feltham—I only went to Mr. Dendy's to brew some pale ale, at his special request—I was at the Probate Court in December, 1867—I made an affidavit in reference to obtaining a new trial—having obtained this startling information about this young lady I was day by day in attendance at the Probate Court, without being called as a witness—I was very glad not to be examined, for I got so much calumny that my name stank—I only sat one day at the Police Court, near the solicitor and Mr. Ribton—I did not hear the Magistrate say that he would sit there till any hour, and hear any witnesses the counsel chose to call; quite the contrary, Mr. Ribton said that he would not call another witness after the remark which the Magistrate made, and threw down his brief—I did not marshal the witnesses, or call them at the Probate Court—Mrs. Ann Farrer, of Feltham, was not a witness—she was not examined by me, or in my presence, in reference to the evidence she could give—I know that she was a servant in the Dendy family—we had her evidence in the former trial, and it was very much in favour of Mr. Dendy—she was not examined on the second trial; she did not come, we had so many witnesses—I had 267 on my list—I called on Mrs. Farrer, and she gave me the same evidence as before, but she did not come; I cannot swear whether she was subpoenaed or not—I had not seen her for a month before the trial—I got her name from Mr. Dendy's brief—I did not prepare the brief, and I only read the witnesses names in it—I must have had an interview with her between the first and second trials, or I should not have taken her evidence—I understand that Miss Squib was examined at the first trial, and I heard her examined on the second—I have not seen her since, and do not know where she lives.
MR. RIBTON. Q. Did you spend the 91l. in travelling expenses? A. All of it—I did not represent myself as a friend of Mr. Harris—I said that I had come on behalf of Mr. Dendy, to elicit information.
WILLIAM ELLSLEY . I am a gardener, and live at Feltham—there is a fair there every year—on the evening of the fair day, in 1858, I was walking from Harris's cottage with hint, and he said that he wished the d—d fair was put an end to, for it was an uproar to his young lady, for people out of their minds wanted a good deal of looking after.
COURT. Q. Did he say "To my young lady," or To my young ladies?" A. My young lady—one young lady was an imbecile, and the other was not—one lived at Rose Cottage, and the other' at the Hollies.
Cross-examined by MR. SERJEANT SLEIGH. Q. Were you examined before the Magistrate at Westminster? A. Yes—I was not asked one word about what I have said to day.
MR. GATES. Q. Whereabouts at Feltham was the fair held? A. On the Green, near the Red Lion—Harris and I were walking from his cottage towards the fair.
JARRS POWELL . I am a general outfitter, and live at Feltham—I knew Miss Alicia Dendy—I saw her about Felthtun up to 1859—I had worked for the family—I have seen her with Harris, and with Mrs. Harris, too—she was generally running quickly before Harris, who was either running after her or walking very quickly—she generally walked quicker than anyone else, or rather ran.
Cross-examined by MR. SERJEANT SLEIGH. Q. Is Rose cottage 200 yards from the railway station? A. About a quarter of a mile—and the Hollies is about 300 yards.
MARY ANN COE . I am the wife of Daniel Coe, of Ealing—I resided at Feltham from 1852 to 1860, in a cottage near Rose Cottage—I remember Mrs. Dendy and the Misses Dendys living at the Hollies quite well, and they lived with Mr. Harris a little while before they went to the Hollies—I remember the mother's death—when they first came to Mr. Harris's I saw Miss Alicia get into her mamma's carriage and jump out again just as the horse was going on; Harris was the coachman—she shrieked out her usual shriek that she had—Harris tried to get her back, but she would not come—I heard him talking to her, and begging her to get in, but she would not, and her mamma got out, and Mr. Harris took the carriage up to the Lion, where it was kept—tin 30th March, 1859, when the Powder Mills blew up, I heard her shriek—I knew her voice, and saw something white in the road—I saw her very much. exhausted in the road, with her bead on Mr. Harris's shoulder, and nothing on but her night gown, which was draggled up to her knees, and she had no shoes or stockings on—that was near Harris's cottage; his front door was open, and he took her in—this was 12.15 or 12.20—after she got in I heard a moan—I then wentindoors—on another occasion I saw her measuring the garden paths with a walking stick, she took one of her stockings off and tied it to the walking stick, and pulled her clothes up very indecently, and jumped over the stick which she had laid across the path—Harris, who was at the corner of the house, got hold of her, and she very soon went in—there was screaming that day; she always did scream when he got hold of her, and she used to call him all sorts of names—I have seen her in the garden, measuring the path, and Mr. and Mrs. Harris trying to get her in; he threatened to send for Dr. Kings-ford, and was obliged to take her in by force; and one day I saw her out in the garden, with nothing on but a flannel petticoat and chemise—Harris fetched her in—I have many times, between 1855 and 1859, seen her pull her clothes up indecently—we were so used to her that we did not take notice of her—Harris used to watch her more at the latter end than at first, as she get worse—I only saw her out once in her night dress, but in the day time I have seen her in the garden, in her chemise and flannel petticoat; that was while her mother was alive—she was in the habit, during her mother's lifetime, of staying at Harris's for a whole week—I have seen her at 6 o'clock of a morning, running from the Hollies to Rose Cottage—I never saw Harris with her then, but he used to go back with her—she did not stay any time—she was dressed in a light muslin dress and no shawl or bonnet, when it was a sharp frosty morning—I have seen her go across the common towards Harris's cottage many a time; holding his arm—I never saw her dressed like another lady—when she went back
from his cottage, he was always with her—if she came down alone he always went back with her, holding her, and sometimes his arm was round her waist—I never was at the Hollies, it is from five to seven minutes' walk from Harris's to the Hollies—I never had any quarrel with Mr. Harris; he got a summons once, for my little girl dirtying up against his gate, but it was not her.
Cross-examined by MR. SERJEANT SLEIGH. Q. Was your child taken before the Magistrate for some act of indecency, and punished? A. 5s. was paid for her—that was before I came forward to give evidence—I was always very friendly with Mr. and Mrs. Harris—I have lodgers—they are respectable mechanics—I sometimes had two, and I had six for three or four months—I kept lodgers during the time I mention these extraordinary acts of Miss Alicia—Mrs. Appleton, who is here, was one of my lodgers—I had no Feltham men living with me—I do not know whether any of my lodgers were examined at the Probate Court or before the Magistrate—I was not there every day—Mr. Harriett did not bring me here today—I have not seen him since I left the Westminster Police Court—I was examined at the trial in 1867, and it was Mr. Harriett who found me out and took me down to be examined—there is a tall privet hedge between our garden and Harris's, but it was cut quite close, you could see through it just as you would through a wire sieve—on one occasion I was in the wash-house, and my little girl fetched me, and I went into the garden and saw Miss Alicia near the summer-house on the long path—the summer-house is about the centre of the garden, not at the further end, unless it has been moved—the distance between me and her could not be double the length of this Court—I was close by her—it must have been about May that she came out in her flannel petticoat and chemise, because the apple-trees were in full bloom.
Q. Is not Mr. Harris's cottage enclosed in its own ground, with a privet hedge and brick walls? A. There was a brick wall when I lived there—I do not live there now—there was a very low hedge between the front garden and the road, and a hedge on each side separating it from other property—I will not swear that the privet hedge was not six feet high when I was living at Feltham, but he cut it as close as he could, and we could see over it—the road in front of the house goes down to Mr. Browell's, but it is no thoroughfare—I know Captain Peele's house, that is on one side of Rose Cottage; and Peele Cottage, with some houses intervening, is on the other side—at the back of Rose Cottage there is a very high wall, and between Rose Cottage and the other side is a little short paling—there is a high wall between Rose Cottage and Captain Peele's—it was from 1855 to 1859 that I saw through the privet hedge, I cannot tell you the day of the month, I never kept an account—I came here with my husband this morning—the explosion was on the same morning that the young lady was out at night in her night-gown, and it snew and sleeted all day, that is how I remember it—that was not when the apple-blossoms were on—I went up to Mr. Harris's gate when I saw her in the garden—no one was with me—when I saw her out very early in the morning no one was with me but the children, who used to be with me very often—I cannot swear to the month, nor the day, nor the year, when any of these transactions occurred, but I know she got worse from 1858 to 1860—it was in 1855 that she would not get into the carriage, and Harris was sitting on the box, and the mother was in the carriage—my husband was with me, he was coming from dinner—I had no
one with me, that I know of, when Mr. Harris made the observation about Dr. Kingsford.
MR. RIBTON. Q. Did most of this happen before the mother's death? A. A great deal of it—it was about 12.15 at night that I saw her outside Harris's door, leaning on his shoulder, apparently exhausted—I was attracted out by the screaming—the explosion had occurred between 9 and 10 o'clock that morning—I was able to see over the hedge quite well—the hedge has grown since 1855; it is like a wilderness now, but at that time I could see over it as plainly as I can see you—I do not know what has become of my other lodgers, but Mrs. Appleton is here—a Mrs. Wood was with me at one time, when Miss Alicia was measuring the path.
DANIEL COE . I am the husband of the last witness, and am a gardener, at Ealing—up to 1860 I lived in a cottage close to the Harris's, at Feltham, when Miss Alicia carne with her mother—after staying a short time at Harris's, they resided at the Hollies—I knew Alicia Dendy, as well as the imbecile one—once, when I was going to or from my dinner, the carriage was at Harris's gate—I heard a screaming and shrieking in the road, and saw the lady get into the carriage and jump out again; her mother got out, and went into the house, and Mr. Harris took the carriage round the corner to the Red Lion—Harris tried to persuade Miss Alicia to get into the carriage and take a ride afterwards—I have heard her scream out on other occasions, and I have met her two or three times late at night—Harris might be twenty or thirty yards behind her, when she was screaming, running after her—that was at the time she was residing at his house, about 1859, if I make no mistake—she had a light dress on that night, and a light straw bonnet—being darkish, I could not tell whether it was a night dress—they both went towards the Red Lion—I stopped to see them go by, and then I went home—Harris was twenty or thirty yards behind her, going faster than a good walk, but not so fast as a man could run—I have several times met her in the lane of an evening—she was living at Harris's—I have also met her out at night when she was living at the Hollies—I have seen Harris following her when she was going to the Hollies at night—you hardly ever saw her walking like a lady, except when she had got hold of Mr. Harris's arm—I have heard her screaming on those occasions, but what it was about it was not my place to stop and listen—on the first night I spoke of, when she was followed by Harris, her stockings were down over her ankles—she had got shoes on, to the best of my knowledge—it was about 12 o'clock, or a little after, and it was moonlight—Harris spoke to me about her before November, 1859—I often used to go and sit down in his kitchen, and I have seen Miss Alicia there—she never conversed with me—I did not make a memorandum of the date, but about 1855, she was sitting down when I first went in, and she then stood against the kitchen door—I had a glass of ale, and she wished to talk about the Saviour coming into the world—I was talking to her, and trying to impress upon her mind about religion, and Harris said it *as useless to talk to her, as she had no mind—I have been a preacher among the Primitive Methodists for several years.
Cross-examined by MR. SERJEANT SLEIGH. Q. Be good enough to tell my Lord and the Jury when you tried to impress religion upon this lady? A. About 1855—I said nothing much to her; I do not know that I should talk to a mad woman about religion—I go out to preach on Sundays, when I am appointed—I had previously been in the service of the Railway Company, but was not at that time; I was gardener to Mr. Brown—I was never
charged with committing an act of indecency with a married woman at the railway station—I say,"No"—on my oath, nothing of that kind was imputed to me by the railway officials—except in this case, I was never before any Magistrate, only for that little girl of mine—when I was before the Magistrate at Westminster, something was said about my being guilty of immorality with a married woman, but I had nothing to do with it, and I can bring a witness to prove it—I gave notice to leave the Company's service immediately, and left almost directly—do you mean to say that the Saviour was a devil when the people said he was?—(The witness was reproved by the Court for this expression.)—It was long before this lady refused to hear me upon religion that this slander was circulated—I do not pretend to say that I saw her without her shoes in the lane—I was charged before a Magistrate with receiving wood which my child had stolen; that might be nine, ten, or eleven years after my child was summoned for indecency.
Q. What did you mean by telling my Lord and the Jury just now, that, with the exception of being before the Magistrate in this case, you never were before a Magistrate in your life? A. Not about the child; I suppose I forgot this—Mr. Harriett found me out, and asked me if I would become a witness—there was a gentleman with him—they talked to me, and took it down in writing—I have had precious little money for coming here as a witness.
MR. RIBTON. Q. What was this charge? A. A French gentleman used always to come to Feltham Station, to go fishing—he said, "If you will get me a few flowers, I shall be obliged to you"—I told a woman to bring the flowers to the train at 4.49—a young man named Little was on the platform, and I said, "When the train is gone, I will pay you," and they both went into the lamp-house—the station-master said, "What are you doing there? Come out!"—no charge of indecency was made before a Magistrate—Mr. Jacobs was a witness—through that I fell out with the station-master, and I resigned—I have since been head gardener to Mr. Phillips, and seven years and a half with Mr. Thomas Belmont—the charge about receiving stolen wood was this: my little girl, four or five years old, went into a place with a hundred more, and picked up bits of lath which fell down, and they searched my house, and found the pieces which the child had picked up; the Magistrate paid the fine for the child—with the exception of the charges I have mentioned, I have never been in trouble in my life.
MRS. WOODS. I am the wife of Charles Woods, a market gardener, of Feltham—I knew Miss Alicia Dendy and her mother, by seeing them—on one occasion I was washing at Mrs. Coe's house, and she called out to me—she went into the garden, but I did not go from the washhouse (this was after Mrs. Dendy's death)—I could see quite plain from the window into Mr. Harris's garden—it was light, but I cannot say whether it was morning or afternoon—I looked into Mr. Harris's garden and saw Miss Dendy with something on a stick, but what it was I cannot say, but it was white—she was jumping backwards and forwards, and caught up the stick and held it up in the air, and what was on it she twisted round as a flag—Mr. Harris came out, caught hold of her, and led her towards the house—she made a noise before he came—I should think he must have been coming along the path at the time—I cannot describe the noise—I only heard it once.
Cross-examined by MR. LAWIS. Q. You were examined on the second
trial, not on the first? A. Yes—before that I was spoken to by a man named Harriett—I had not been spoken to, to give evidence, before he spoke to me—I was examined before the Judge at the Probate Court—Mr. Harriett did not take my evidence the night before that—I think it was on Thursday, and I was examined on Saturday—I was to be examined at the Probate Court as to the unsoundness of Miss Dendy's mind—I said nothing at the trial of what I have told you to-day.
MR. RIBTON. Q. Were you asked? A. No; I answered all the questions I was asked, but said no more than I was asked.
THE REV. EDWARD THRUPP . I am the Vicar of Feltham, and was residing there during the time Mrs. and Miss Dendy were residing at the Hollies—I once saw Miss Alicia and Harris in Oxford Street, London, and my attention was attracted by the manner in which she was hurrying along, always beyond the natural pace of walking—Harris was hurrying her; she had his arm, and she was hurrying along in an unusual way—I stood for some time at a shop-door to watch them, and they passed—I cannot give the date—I was not in Feltham when Mrs. Dendy died, but I know the time she died—this was two years after her death, or it might be three.
Cross-examinted by MR. LEWIS. Q. Has this lady been a parishioner of yours? A. Yes—I had opportunities of visiting her, and used to make calls—she attended my church very regularly in her mother's lifetime; but there was a dispute with the churchwardens about a pew, and she ceased to attend the church—I called on her to have a rational conversation with her immediately after her mother's death, as soon as I returned to Feltham.
MR. RIBTON. Q. Did you over have a rational conversation with her? A. she would not see me—she has joined in the conversation with her mother—I once called and asked Harris if I could see Miss Dendy—he said "No"—I have repeatedly asked him how she was—and he has said, "Very poorly," with a kind of shake of the head—that has happened more than once—and I have met him, and wished to show him that I kept Miss Dendy, as my parishoner, in remembrance, and I said "How is Miss Dendyt" and he would answer "She is very poorly!" except once, when he said that she was not at home.
MR. SERJEANT SLEIGH. Q. Were you examined on both trials at the Probate Court? A. Yes.
Thursday, February 4th.
MARY ANN HORWOOD . I am the wife of William Horwood, of Notting Hill—we resided at the Red Lion, Feltham, from February, 1853, to February, 1858—I knew Mrs. Dendy and Miss Alicia Dendy, and have seen Harris about with her a great many times—they walked arm in arm, and some times his arm was round her waist—at other times when he had been with her she had her clothes up higher that they ought to be, not like another lady with any common sense would walk, seeing people laughing at her, she held them above her knees—I have seen ladies hold up their clothes, when it is dirty, but never so high as she did—I have seen her hold them up above her knees dozens of times—she did not walk like any other lady—she ran on her toes—while we were at the Red Lion, I remember a bonfire taking place under a walnut tree, in Harris's garden, on November 5th—I think it was in 1856—we bought the walnuts in 1855, but we did not have any in 1856—I saw the fire—the leaves of the walnut tree were scorched all one side.
COURT. Q. If it was on November 5th, I should have thought there
were not many leaves? A. Well, the branches—of course the leaves did not come out, and we did not have any walnuts next year—that was 1856, of course—and there was no fruit on the tree in 1857.
MR. GATES. Q. Did Harris say anything to you about the effect of the fire upon Miss Dendy? A. That after the fire she ran out of the house and said, "You are burning my brother and mother in hell flames"—he carried her down to the cottage, and after that he came to our house and had a glass of ale, and said "My Missey was so frightened I was obliged to put the fire out." (MR. LEWIS. stated that there was no allegation in the Indictment that this was untrue, and upon reference to the Indictment, it appeared that the allegation had been omitted. MR. RIBOTN. applied to the COURT. to amend the Indictment under the provisions of 14, 15 Vic. c. 100. THE COURT. declined to do so, this being something more than a "formal defect," such as the Act mentioned, and there being other averments upon which to proceed, this was a matter only affecting part of the proof of the case, but the evidence might still be given, the three first assignments being so general as to admit anything.)—Harris said "My Minty was so frightened that I was obliged to put the fire out, or else I should not get any rest all night"—he said that he was obliged to carry her indoors, and it was half an hour before he came down to our place.
COURT. Q. Did Harris say this about hell flames? A. No, Miss Dendy said it—I heard her—I was in the lane—I thought neither of them saw us—they did not know we were there—we went to look at the fire, we did not want them to see us, and we ran back again; that was quite enough for us.
MR. RIBTON. Q. Was Harris present? A. Yes, he carried the lady into the cottage, and I did not see him again for half an hour or more it might be.
Cross-examined by MR. SERJEANT SLEIGH. Q. Was it that you heard Miss Dendy say this? A. Yes, not Mr. Harris, but Miss Dendy—she was coming out of Rose Cottage when she said that, and he took her back indoors again—it was at the Red Lion that he told me about her being frightened, and said that he should have no rest that night—he was in front of our bar, I should think it was half an hour afterwards—my husband kept a public-house there, he does not now—this was between 8 and 9 o'clock—I did not go close enough to see whether the fire burnt the bark of the walnut tree—it was a considerable fire, or else it would not have scorched the branches—I do not know whether the branches were twice as tall as myself, and what I do not know I shall not answer—I did not measure them—I was never in my life inside Mr. Harris's garden—I know that the walnut tree was not behind, at the back of Rose Cottage, but I shall not say, I shall not answer, as I think you are asking me very impertinent questions—I know that the walnut tree was against the wall—I should think I did know where it was—I shall not say whether it stood in the garden behind the middle of Rose Cottage, because I do not mean to. (THE COURT. suggested that the witness had better be sent away as the Jury could not believe her, but MR. SERJEANT SLEIGH. requested to be allowed to examine her further). I was examined before the Police Magistrate, but not at the Probate Court—I was there for the purpose of being examined—I was not taken there by Mr. Harriett—of course we were subpœnaed—it was Mr. Harriett who spoke to me about giving evidence in the Probate Court—I mentioned at the Police Court Mr. Harris carrying Miss Dendy indoors, I swear that—the same words as I said at the Police Court I have said here.
MR. RIBTON. Q. When did you leave Feltham! A. In 1858, and went to Notting Hill, where Mr. Harriett came to me, and put some question a about what took place tit 14'elthtuu, in umtelnence of which I attended at the Probate Court; but I was not called upon—I did see the fire in the garden; I was then in the lane, and in front of the cottage—you can see into the garden from the lane—the cottage lies back—there is garden in front, and garden on each side, but I cannot say whether there is garden behind, because I never was inside—the fire was at the side of the cottage, on Mr. Westmacott's side, Feltham House side—there is a fenoe before Mr. Westmacott's, and there is a wall at the back of the cottage—the fence was between me and the fire, but I could see over the fence; it was under the walnut tree—I have never been into the garden—I never noticed that the walnut tree is destroyed, it did not concern us; but we wanted to buy the fruit, and were told that there was none—I have no doubt that I saw the fire from the lane; my servant, Mrs. Pickett, was with me.
EMMA PICKETT . I was housemaid at the Red Lion from 1853 to 1858, and I served in the bar—I knew Miss Alicia Deady by sight, and I have seen Miss Albinia sitting in the garden, that is all—she was rather deformed—I have seen Harris walking with Miss Alicia in the garden, with his arm round her waist—I have also seen her dancing about in the garden, and holding her clothes up above her knees—I had never seen that done by any young lady before—I have seen that several times, when I have taken the children down the lane—I looked through the hedge—I do not know how high it was—the children used to my, "Come along, Louis," and we used to look through—I do not remember whether I looked over or through; but I know I used to see them—I do not remember any gates—I remember a bonfire in the garden, and Harris afterwards coming into the Red Lion that evening—he called for a glass of ale, and said that he was obliged to put the fire out, for his "Missie" was so frightened at it—that is all I heard; but at the time of the fire I went up the lane, and heard Miss Dendy scream very loudly, and say that her mother and brother were in hell flames—I did not see Harris do anything after that—I went into the Red Lion, and he came in afterwards.
Cross-examined by MR. LEWIS. Q. Were you at the Probate Court on the second trial! A. Yes—I did not go with Mrs. Horwood—I was not examined—I saw Mr. Harriett before I went there; he did not say much to me—I told the Magistrate I never saw Miss Alicia do anything when Harris was present, and that she said, at the time of the bonfire, that her mother and brother were in bell flames; I am certain of that—Mrs. Horwood and I went to the fire together, and went back together.
MARY APPLETON . I am the wife of William Appleton, of Hackney—we formerly lived at Feltham, at Coe's house, for about two years—I knew Miss Alicia Dendy by sight—I have seen her in Mr. Harris's garden when he has been there, several times—she came out into the garden, one morning between 10 and 11 o'clock, with nothing on but her chemise and flannel petticoat, no shoes, stockings, or bonnet, and her hair down her back—Harris went and took her round the waist, and very tenderly took her back to the house—I remember the Hammersmith powder mill explosion, in 1859—I do not remember the date, but on the day after the explosion, I went to the Coes', to seek the lodgings again, and Mrs. Coe told me about the night before—I have seen Miss Alicia trotting up and down the garden at other times, for she never walked steadily—she ran about, not like any other
lady; and her dress was rather peculiar, different to what any other lady's would be—she used sometimes to wear her hat all manner of shapes and ways, in the garden—I never saw her out of doors—I have seen Harris in the garden with her; he has been gardening, and she poking the things about; poking the ground about with a stick—she used to make a humming noise, "Boo, boo!" in that manner.
Cross-examined by MR. LEWIS. Q. Were you examined at the Probate Court? A. Yes—I bad rather not say whether I was married when at Mrs. Coe's, in 1859—I have been maraied five years—I was not married in 1859—I did not swear that I was a married woman in 1859—I do not recollect swearing, in the Probate Court, that in the early part of 1859 my husband was in employment, as a plumber, at Feltham; I do not think I did—I was lodging at Mrs. Coe's house—I shall not say whether I was living there with a man as his wife, I had rather not enter into the subject—I had rather not say whether the person with whom I was living in 1859 was a plumber—he has been dead a great many years.
MR. RIBTON. Q. Were you living with somebody as housekeeper? A. Yes—he is dead, and I have been married five years—my husband is a plumber—I gave evidence at the Probate Court.
WILLIAM NEWMAN . I am a plasterer, of Stafford Terrace—I lived at Feltham, from 1858, for seven years—I remember playing at "catty" opposite Mr. Harris's gate, at 9 o'clock one summer evening (I am now twenty-two; I was then a boy of twelve)—I ran after the "catty," and saw Miss Alicia Dendy in the road without any bonnet—Harris came out, laid hold of her shoulders, shook her, and took her back to his cottage—her hair was hanging down her shoulders—I have never heard her call out in an unusual way; I have heard her make a bit of a scream, but nothing to take any notice of.
Cross-examined by MR. SERJEANT SLEIGH. Q. Were a lot of others playing at "catty," too? A. Yes; none of them are here, that I am aware of—Mr. Harriett found me out—I was examined on the second trial—I am now living at Teddington—my parents lived at Feltham then, and my father was a schoolmaster—some of my brothers and sisters lived there then, but none of them are here.
JAMES POND . I am a porter on the South Western Railway, at Winchester—I was stationed at Feltham from 1852 to 1862—I have seen Miss Alicia Dendy come to the station to go to town, and Harris with her—I have seen them come home, and when she has got out of the station, she has run away from Harris on several occasions, and he has run after her—I have seen that often—I recollect Harris speaking to me at his house in 1859; he told me I was to take no notice of her, for she was not right—I had been speaking about her mode of conducting herself, and that was what he said in answer.
Cross-examined by MR. LEWIS. Q. How often did you see this in 1852! A. Several times—I cannot say how many times in 1853, or in 1854 and 1835, but I saw it on several occasions—I should be sorry to say that I saw it in 1852, 1853, 1854, and 1855—I cannot tell you the date at all—I saw it, I believe, the first year I went there, 1852, but I should be sorry to say whether it was in 1852, 1853, or 1854—I do not know how many times I saw it in 1853—I do not remember whether I saw it in 1854.
Q. Should you be surprised to find that she was living from 1852 to 1855 at Southend? A. I do not know anything about Southend—I do not know when Mrs. Dendy went to the Hollies—Miss Dendy was a quick walker.
MR. RIBTON. Q. Do you recollect Mrs. Dendy at the Hollies? A. Yes—Iremember hearing when she died, but cannot tell the date—I had seen Miss Dendy several times before her death—I never went as a witness about this, except to the Police Court.
JOHN PHIPPS . I am an officer of the Reformatory at Feltham—I went to live at Feltham in 1861—I had never been there before—I know Harris—I married his niece—I never had any conversatiou with him about the will executed by Miss Alicia in 1859—I had a conversation with him about Miss Alicia. (THE COURT. Considered that unless this evidence bore upon any of the assignments of perjury, it ought not to be given, and MR. RIBTON. did not press it further.)
THOMAS MORRIS . I am a wheelwright, of Bedford Street, Peckham Rise—I lived at. Feltham up to 1861—I know Mrs. And Miss Alicia Dendy, living at the Hollies in 1857—Harris spoke to me about Miss Alicia before 1859; it was at the Hollies, in 1857—I had occasion to go from Mr. Fronde to Mr. Harris to haul up the carriage, and Mr. Harris said, "If Miss Dendy comes out, do not take any notice of her, for she is not right, poor thing"—on another occasion I went to haul the carriage up again, and Harris said, "Morris, I have got some nice little partridges here; do you know where you can get some ant's eggs for them!"—and while I was talking, Miss Alicia came out (I cannot tell you the exact date, but it was about the same time)—Harris said, There is the poor thing; do not take any notice of her, Morris," and, as she was going, she passed a little haystack in the corner of the yard, and made a kneel, and said some kind of a prayer, but I was not close enough to hear it—on another occasion, I was on the Queen's River bank, near Warleyboy's bridge, and Harris came to me, and said, "Oh, Morris, have you seen Miss Dendy this way!"—I said" No"—he said he had missed her, and could not see which way she had gone—this was about the same time, but some months before—he did not seem in a state of excitement—he came up early.
Cross-examined by MR. SERJEANT SLEIGH. Q. When were you spoken to about giving evidence? A. I was promiscuously walking past here, about three weeks or a month ago, when the case was on before, and a man named Gilham, who did live at Feltham, spoke to me, and brought me into the Court, where I saw Mr. Harriett—when I went to the Mollies, I used not to see the other sister.
MR. RIBTON. Q. When did you leave Feltham! A. 1862; since then I have been at Isleworth, Hounslow, and Dorking, working at the Fly business, and at my trade—it was about the latter part of December that I saw Gilhani outside here—he caught hold of me, and said, "You are the man I have been looking for"—he brought me into Mr. Harriett, and I saw Mr. Woodbridge, the attorney, who took down my evidence.
EMILY CHANDLER . I live at Thanot Place, Strand—I was formerly housemaid to Mr. Kitchen, at Feltham, that facing the pond—I went there in 1854, and was there botween throe and four years—I knew Mrs. and Miss Alicia Dendy—I have seen Miss Alicia about the place several times when Harris has been with her, going round the Green with her clothes up very high; sometimes she may have been running, and sometimes walking—she has gone across the Green towards the lane, and Harris has walked behind her—I met her once running from Harris dove the lane towards the pond, very fast, and Harris came after her, and took her back to Rose Cottage—she had no bonnet or shawl on, and had got her things up
in her hands—it was in the evening—I should not expect to see another lady with her clothes as Miss Dendy's were; they were up much higher than her knees.
Cross-examined by MR. LEWIS. Q. Was this before 1859! A. I do not know the date; it was while I was living there—I went there in 1854, and remained between three and four years—I have never been examined before—Mr. Harriett found me out about a fortnight or three weeks ago—Miss Alicia has been running from Rose Cottage down the lane that would lead to the Hollies—I do not know much about the old lady—I went down to Feltham last Sunday, to convince myself which was the house, and which was Rose Cottage, as I had not been there for four years—I saw nobody but Mr. Head, who was our gardener; he was Mr. Harris's tenant.
MR. RIBTOY. Q. Did Harris tell you to go down? A. No; I have seen no one but Mr. Harriett—it was my own suggestion.
ROLAND TAYLOR . I am an ex-policeman, and live at Upper Sunbury—I have not been examined before; I was at the trial, but was not called—I Was on duty at Feltham from 1855 to 1857, and knew Mrs. Dendy and Miss Alicia living at the Hollies—I have seen Miss Alicia walking in the street, with her clothes up in an indecent manner, pretty nearly to her knees—I have seen Harris walk by the side of her, and once I saw him take hold of her; at all other times, he had hold of her arm, or she of his—once, I believe it was in 1856, I walked down the lane with him to his cottage, and he said he had a great deal of trouble with her, beckoning towards her, for she got so near the fire; and he told me to take no notice of her.
Cross-examined by MR. LEWIS. Q. Did you know the other sister, Albinia? A. Yes; I did not notice her in the garden when I had that conversation with Harris—as a policeman on duty, I thought this was very indecent; there might be ladies and gentlemen passing who might be offended—she generally picked her petticoats and her dress up a great height; you could see almost to her knees—she was of middle height—I never noticed whether she had drawers on.
MR. RIBTON. Q. Did you see her bare skin? A. I could see up to her knees—I could see her garters, but did not take particular notice whether they were above or below her knees.
MATILDA WEAVER . I live with my husband, at Seymour Street, Euston Road—I formerly lived with the Dendy's, at the Hollies, Feltham—I was there when Mrs. Dendy died—I was in her service about thirteen months, I think—I knew Miss Alicia very well, and have seen her and Harris walking together—I have seen him taking her home to his house in the evening—she used to sleep there, and he used to call and fetch her from the Hollies—that was before her mother's death—when she took his arm, in the day-time, she used to be in front of him, because she always walked very quick—she used to behave very strangely in the house—I do not remember Harris speaking to me particularly about her conduct.
REBECCA POWELL . I live at South Norwood—I lived at the Hollies, Feltham, rather more than two years and two months, as cook to Mts. Dendy—I went in 1855 and left on the 7th November—I knew Harris—I had to fetch him on several occasions, and told him he was wanted, because Miss Deady was so unbearable that we could not live in the house for her—he always came back with me—that was generally in the day-time, and in the evening I have fetched him to her twenty timed or more, and told him what she had been doing, and when be
came he saw the state she was in—on one particular occasion she had toothache, and he took some camomile flowers to bind on her face—she rang the bell, turned herself round, slammed and bolted the door, and said, "Oh! oh! oh!"—she stormed at me—I said, "Pray, Miss Dendy, open the door"—Harris said, I will get through the window"—she kept me there, alarming me, and Harris went into the parlour to her, and walked about with her a long time, quieting her—I had to go for Harris about every week or fortnight—she used to give out the house linen, table cloths, and other things, which she threw about the kitchen—I fetched Harris, who took her by the shoulders, pushed her into the dining room, and stopped there twenty minutes or half an hour, or it may be an hour, pacifying her—she would then be quiet—one Sunday morning she would not dress herself, she got out of her bed and walked into her Ma's room—Harris saw her and went and fetched Mr. Kingsford, who said, in Harris's presence, "Have all the locks and bolts taken off, and keep all knives and scissors out of her way!"—Harris saw before he fetched Mr. Kingsford that she was so deranged that we were all afraid of her, and of course he was afraid of her himself—the locks, were taken off some of the doors in consequence of the doctor's order, and in consequence of her bolting me in—I do not remember the blacksmith's name who took them off—but I rather think Snell was the name—I was examined at the trial—I have seen the same sort of thing on several occasions; in fact, I was very glad when I left the situation—I expected every night, when I went to bed, that the house would be burnt down.
Cross-examined by MR. SERJEANT SLEIGH. Q. I hope you told them at the Probate Court, that Miss Alicia had this game with you and shut you up! A. Just so, I am just as firm now as I was then, and nothing but the truth, I told them all about Dr. Kingsford when I was examined, and that all scissors and knives were to be kept out of her way—I cannot say who was in the house besides me, because we had eighteen housemaids while I was there, before Mrs. Deudy died—I believe Mr. Harriett has brought one of them here, Mary Ann Putney—she gave evidence at the Westminster Court—she was not there when Miss Dendy had the game with me and shut me up—Miss Albinia always lived at Harris's, sometimes she did not come to her mother's for a month or six weeks—she very seldom came in the day with her mother and sister—Mrs. Dendy and Mies Alicia kept house—Miss Alicia used to keep the housekeeping books and pay the money by Mrs. Harris's directions, because Mrs. Dendy was so afflicted she could not see to the housekeeping afterwards; Mrs. Harris came across, and when she could not Miss Dendy went down there, but sometimes Miss Alicia would be there a fortnight or three weeks at a time, and would then go back again—I knew Mr. Kingsford when Dr. Gillchrist was alive—I mean, on my oath, in Dr. Kingsford's presence, to adhere to my statement, that I heard him give the directions as to taking off the bolts—I knew that he was at the Probate Court, but I do not remember hearing him speak—I was examined on both trials—there is no mistake about that gentleman there being the Mr. Kingsford I allude to.
Mr. RIBTON. Q. Was Dr. Kingsford called as a witness for Mr. Young against Mr. Deady? A. I do not know, but I will swear that I heard him give that order in Harris's presence.
STEPHEN WOODBRIDGE . I am one of the firm of Woodbridge and Son, of Clifford's Inn—I became Mr. Deady's attorney the first week in September I succeeded Mr. Sadler, the attorney at the Probate Court, who died—this
indictment was found here in December, and in the ordinary course would have come on for trial in January, but the other side applied at Judge's Chambers for a certiorari to remove it to the Queen's Bench; that was not opposed, and the Judge granted the rule, and fixed the bail at 600l. and two sureties in 100l. each—I took a summons out to show came whether they should proceed with the writ or not, and the result was that the writ was not taken out—it was down for trial on Monday here, but I did not have all the witnesses here, because the summons was taken out for the Saturday—I first received an application for particulars on Saturday night, this case being on the list for Monday.
Cross-examined by MR. SERJEANT SLEIGH. Q. I believe a summons was taken out by the defendant to revise the Judge's decision as regarded the bail, on the ground that he was a poor man, and could not get such heavy bail? A. I do not know what the ground was; after my summons they took out a summons to reduce the amount of bail—the summonses were both taken out the same day—I got the notice to deliver particulars on Saturday, at 5 o'clock—I have not delivered any particulars, or the names of any of the witnesses who have not been called—I received the letter after I had had my consultation on Saturday night, otherwise my office would have been closed—the application was made on Monday, and refused by the Recorder—I, have not, between Saturday and to-day, given the name of a single additional witness who I have called.
MR. RIBTON. Q. Did you hear me state to the Recorder, on Monday, the matter about the certiorari? A. Yes; and the Recorder said that he could not order them under the circumstances.
MR. RIBTON. to THOMAS HARRIETT. Q. Did you receive information in reference to a locksmith named Snell? A. Yes; I have made inquiries to find him—he was buried by the Foresters' Club, in Hounslow Cemetery, four years ago.
MR. SLEIGH. to REBECCA POWELL. On either of the former trials, or when you were before the Police Magistrate, did you ever mention the name of Snell? A. I was never asked—I will not undertake to say that the name was Snell; but I believe it was—I have heard the name before, not from Mr. Harriett, but from the neighbours who live in the village—that was his name, but I did not know him; I only saw him that once.
MR. SERJEANT SLEIGH. submitted that there was no case to go to the Jury is support of any of the assignments, each must be supported by at least two witnesses, which was not the case here, and, therefore, there was no case for the defendant to be called upon to answer. MR. LEWIS. on the same side, urged that there were two questions to be decided before the case went to the Jury, first, whether any of the statements were material to the issue, and second, whether there was any legal evidence negativing the aasignments; and further, that the case could not go to the Jury unless there were two witnesses speaking to the same fact an the same day. THE COURT. considered that, as to the bonfire, the witnesses Horwood and Pickett both spoke to the same fact on the same day, and therefore the case must go the Jury.
NOT GUILTY .
Before Mr. Recorder.
MR. METCALFE. conducted the Prosecution; MR. COOPER. defended Trawler and MR. STRAIGHT. defemded Wilneott.
SIDNEY SMITH . I am in the employment of Huxley & Co., tobacconists, of the Whitechapel Road—I packed a box of tobacco, for Gardener, of Quinden, Stanstead—I put into it 17 lbs. of tobacco—the box was sent for by the Great Eastern Railway, when it was noticed—I have the book in which it was signed for by them—the tobacco was in four different parcels in the box, in white paper—the packets were in different sizes and different sorts of tobacco.
Croess-examined by MR. COOPER. Q. What sort of tobacco was it? A. Each parcel was a different quality—it was all shag—that is not a common tobacco—it was some of the best—returns is a light sort of tobacco—shag is dark.
JONATHAN GALLEY . I am a carman, in the employ of the Great Eastern Railway Company—on 28th December, I got a box of tobacco from Mr. Huxley's, for Gardener, of Quinden, and took it to the Brick Lane Station.
JOHN GODDARD . I am a checker, in the employment of the Great Eastern Railway Company, at Brick Lane—on 28th December, I received a box from Galley, for Gardener, of Quinden—it was sent to be weighed and loaded—I gave it into Mr. Hardy's hand.
WILLIAM HARDY . I am a porter in the employment of the Great Eastern Railway Company, at Brick Lane—on 28th December, I loaded a box of tobacco, for Gardener, of Quinden—I put it into truck 8371—that truck was going to Stanstead—I put it on the truck between 10 and 1l. at night—I don't know what part of the train the truck would be in.
EDWARD FORBES . I am a porter, in the employ of the Great Eastern Railway Company, at Stanstead—on the morning of 29th December, I unloaded truck 8371, which came from London on the previous night—there was no box in that truck for Gardener, of Quinden—the box has not been found.
JAMES KNIOHTLEY . I am a porter, in the employment of Mr. Gardener, of Quinden—he has never received a box of tobacco we expected from London on 29th—we have made inquiries about it, but have not received it.
ROBERT EVERNTT . I am a clerk, in the employment of the Great Eastern Railway Company, at Brick Lane—I take the numbers of the trucks as they leave Brick Lane Station—No. 8371 went on the train on the 28th December to Stanstead—Trayler was the driver of that train, and Wilmott was fireman.
Cross-examined by MR. COOPER. Q. Was it not an unusual thing for them to go together? A. They do not often go together—Trayler has been on the railway since I have been at Brick Lane, and I have been there a year and a half—I take the number of each truck as they go out—we take them in pencil first, in a small memorandum book, and then transfer to another book—I very seldom make a mistake—I have made one sometimes.
Cross-examined by MR. STRAIGHT. Q. Do you know where the truck was in the train? A. Next to the engine—there was no guard's break next to the engine—the trucks come up in a lift from below, and the engine joins on—the engine is in a siding, and they draw the trucks on to the engine.
Company—on 28th December the two prisoners worked the goods train, which went to Stratford—tho train was broken up at Stratford, and this truck would go on to Stanstead—Wilmott was only employed on that day—Trayler was the driver generally.
Cross-examined by MR. COOPER. Q. Trayler was the general driver? A. Yes—he gives up the train to someone else at Stratford—I have known him ten or eleven years—I don't know how long the train would stop at Stratford—I believe it would leave for Stanstead on the following morning—I have been in the service four years—I have not been to Stratford above once.
Cross-examined by MR. STRAIGHT. Q. How long has Wilmott been in the employment? A. I don't know—I believe he has been some time, as stoker—the train would go from Brick Lane at 12.5, that is the proper time, but it did not leave on that night till 12.25.
JOSEPH HEDINOTON . I am Superintendent of Police on the Great Eastern line—on Monday, 18th January, in company with Foulger, I went to the house of Spencer, at Stratford—Foulger received some tobacco from him—he made a statement to me and we then went to 7, Weston Street, Strat-ford, where Wilmott lived—we searched the place, and in a box we found some tobacco—the house was kept by Charles Christopher—he was present when it was found—I found this parcel of tobacco, it weighs nearly 21bs.—I went to Nuraley Hill, near Ware, I there found Wilmott—I asked him if he could give any account of the tobacco that he had sold to Spencer; he said he had never sold him any—I asked him if he could give any account of the parcel of tobacco which I had found in his box—he said he had never had any tobacco in his box—I then charged him with stealing a box containing 25 lbs. weight of tobacco—I took him to the station—he said he knew nothing about it—while taking him from Ware to Stratford, he said he meant telling the truth, he had the tobacco from Trayler—he said he asked Trayler where he had got it from, and Trayler said "Never mind, it is something for you to have it," or something to that effect—he said Trayler was on the engine, and he saw some more in the box of the engine—on the evening of the same day I apprehended Trayler at the Brick Lane goods station—I, told him that Wilmott was charged with stealing some tobacco, and that Wilmott had said he had it from him—Trayler said, Oh, did he"—I then took him to Stratford, and into the place where Wilmott was—I asked Wilmott if he would give an account of the tobacco I had received from Spencer—he said, I had it from Trayler"—Trailer made no reply—I took them to the police-station at Stratford, and they were charged before the Magistrate—Trayler said I am charged with stealing a box of tobacco, I did not steal it, but I gave the tobacco to Wilmott."
Cross-examined by MR. COOPER. Q. Were not the words he said, "I did not steal any tobacco, but I gave some to Wilmott?" A. He might have said "tobacco," that I am not quite clear about—I gave the answer as he gave it before the Magistrate—I did not take it down—I will swear he said "I gave the tobacco to Wilmott"—my impression is that he used the word the—I have no doubt that he did.
Cross-examined by MR. STRAIGHT. Q. What was this place you saw Wil-mott at Ware? A. Where his father lives—Wilmott lives at Stratford—he was on a visit to his father—I never spoke to Wilmott before I took him into custody—I may have seen him—he denied that Trayler had given him the tobacco at first, but four hours after he said that he had.
EDWARD SPENCER . I am an engine driver, in the employment of the Great Eastern Railway Company—three or four days after Christmas I received 2 lbs. of tobacco from Wilmott—it was in a parcels imilar to the one produced—he said I have some tobacco I am going to send to my father, I will give you the first chance of having it"—he brought it to me on the engine—I gave him 4s. for it, on account—I was to give him 7s., I reckon—he did not say what I was to give him for it—I gave some of it up to the police.
TRAYLER— NOT GUILTY .
WILMOTT— GUILTY . on Second Count— Nine Months' Imprisonment.
Before Mr. Consols Serjeant.
ENMA ROBINSON . I am the wife of William Robinson, who keeps the Cornish Arms beer-shop, Woolwich—on 14th January, about 8 p.m., the prisoner gave me a half-crown for a glass of stout—I put it in the till, and gave him 2s. 4 1/2 d. change—there was no other half-crown there—I after wards looked at it, and gave it to my husband.
WILLIAM ROBINSON . I tun the husband of the last witness—on 14th January, about 8 o'clock at night, I went to the bar, and saw the prisoner finishing a glass of stout—my wife gave me a half—crown, which I found was bad—the policeman marked it in my presence—I went after the prisoner, but could not find him.
Prisoner. I never saw you in my life. Witness. I am quite certain you are the person—this was Thursday; I gave information the same evening, and saw you at the Police Court on the next day, Friday.
JANE DAVIS . I am the wife of Alexander Davis, of 4, Hare Street, Woolwich—on 14th January, the prisoner came in at 8.10 for a threehalfpenny cigar—he gave me a half-crown, and I gave him 2s. 4 1/2 d. change—I put it at the back of the counter, with three shillings and some sixpences, but no half-crown—he asked for a light, and walked out—I then found the half, crown was bad, bent it, ran after the prisoner, stopped him, and told him he had given me a bad half-crown—he abused me, but went back with me, and gave me a good half-crown—he said I must give him the bad one back, and he would take it where he got it; and I did so.
FREDERICK MCGOVAN . (Policeman R 163). On 14th January, at 9.15 at night, I took the prisoner, and told him it was for uttering counterfeit coin—he said he knew nothing about it—at the station he produced this bad half-crown as the one given to Mrs. Davie—I found on him five half-crowns, two shillings, four pence, and one halfpenny; one of the half-crowns was bad.
EDWARD MARSHALL . (Policeman R 213). On the night of 14th January I went into the Cornish Arms, and Mr. Robinson showed me this bad half-crown (produced)—I marked it, and told them to keep it—I found the prisoner in custody at the station.
Twelve Months' Imprisonment.
Before Mr. Recorder
MR. PATER. conducted the Prosecution.
JOHN TAPPENDEN . I am a carpenter, and live at 31, New Kent Road—on 17th January, about 12.30 at night, I was coming up the Old Kent Road; at the corner of Albany Road, somebody clapped a hand over my mouth, put their hand in my trowsers pocket and took out 2s.—I had 2s. 2d. there—I was regularly paralyzed; they clenched me in that sort of way (by the throat)—I was dashed down; I got up again as well as I could, and called out "Police!"—I am not able to identify the person who attacked me—I had my money safe not five minutes before; it was all I had in the world.
ALFRED HILLS . (Policeman M 127). About 12.30 on the night of 17th, I was on duty in Albany Road—I heard cries of "Police!" on the opposite side, and saw the prisoner and two others running away from the direction where the prosecutor was—I followed the prisoner for about 200 yards, and took him into custody—I waited for the prosecutor to come up; he said he had been knocked down and robbed of 2s.—I turned round to the prisoner, and asked him how much money he had about him—he said, "If you take me to the station I will let you see"—I asked him a second time, and he presented 2s. in his right-hand—I am certain he did not take them out of his pocket; he had them in his hand.
Prisoner's Defence. I was walking along the Old Kent Road when I was taken. The constable asked what money I had, and I took it out of my pocket and said that was all I had—I am innocent; I am, indeed; I know nothing about it.
He also PLEADED GUILTY. to a previous conviction in August, 1867, at the Surrey Sessiows.— Eighteen Months' Imprisonment.
MR. LEIGH. conducted the Prosecution.
LOUISA HUMBLE . I am the wife of John Humble, of Devonshire Street, Lambeth—I was present at St. Mary's Church, Chatham, on 15th August, 1856, at the marriage of my sister, Isabella Lawrence, to the prisoner—I was one of the attesting witnesses—they lived together for a short time after the marriage—I don't know whether it was a fortnight or a month—they went away soon afterwards—my sister is still living.
EMILY CRUDEN . I live at Warwick Street, Woolwich—on 16th January, 1865, I was married to the prisoner at St. Luke's Church, Charlton—he told me that he was a single man—I did not know that he was married till a few weeks ago, just before he came out of the hospital.
(The Certifteatee were put in and rend).
Prisoner's Defense. My first wife committed adultery while I was at see, and, in consequence of that, I held no corms pondence with her for eleven years. She had a child two years after I was away; and, believing her to be dead, I felt myself free to marry again. I have served twenty-one years in Her Majesty's service.
GUILTY .— Nine Months' Imprisonment.
Before Mr. Common Serjeant.
MESSRS. POLAND. and M. S. O'CONNELL. conducted the Prosecution; and MR. WANNER SLEIGH. the Defence.
WILLIAM GOSLING . I am barman at the Black Queen, Battersea—on 10th January, about 7.30, I served the prisoner with spine drink, and he gave me a bad shilling, I bent it with my teeth and said, "This will not do, you must find me something else"—he said, "I must take it back where I got it from"—I gave it back to him, and be put it straight again—I cannot tell you how—he paid me with good money—sizpenoe, I think.
Cross-examined. Q. Did he have anything to drink? A. Yes—I am sure of that—I do not remember telling the Magistrate that I did not know—the gas was full on his face, and he remained about ten minutes bending the shilling straight—I had never seen him before—I gave him some change—I have no doubt he is the man.
WILLIAM JOHNSON . (Policeman B R 25). On Sunday evening, January 10, about 8.15, I was at the back of the Fireman public-house, Lavender Road, Battersea, on duty, and in uniform—I saw the prisoner with his back against a brick wall—I watched him, and he moved two or three yards towards some scaffold poles, I saw him take a parcel from his right hand pocket, and put it under the scaffold poles—I went to him, and said, "What are you doing there?"—he said, "Nothing, only drawing off" (that is making water)—I said, "What did you put in the wood I"—he said, "Nothing'—I went to the scaffold poles, but could see nothing, it was too dark—he asked me to have a glass of ale—I declined—he said that he had had one, and should have another, and went into the Fireman—while he was gone I and another witness lit a match, and found a parcel under the wood—I had not left the spot—I felt that it was money, and went to the public-house door, and met the prisoner coming out—I said "You must consider yourself my prisoner"—he said, "What for?"—I said, For what you put in the wood"—he said, "Come inside and they will tell you I am a respectable man"—I took him towards the station, and he pulled a pewter pot from his pocket, and dropped it on the ground—I picked it up, and asked him what he meant by that—he said, "I have forty of the b—s at home"—he refused to go with me, and said, I am a better man than you"—he laid hold of my throat with one hand, and put his other round my nook; we struggled and fell—I kept hold of him till I got assistance, and then got him safely to the
station—the packet contains twenty-two bad shillings, with paper between them, thirty pence in copper, a good shilling, eight good sixpences, and a silver threepence—he said he lived at 16, Knox Road—I went there three hours afterwards, and found that it was right; but there were no pewter pots there—I went to the Fireman, and Wyatt gave me a bad shilling.
Cross-examined. Q. Had you heard from anybody at the Fireman, or the Black Queen, that bad money had been passed? A. Noimmediately on my searching the wood, he said, "I am a harmless, respectable man; come into the house, and I will prove it"—I actually went into the public-house with him—I did not tell the barman I had found a large amount of money—when the prisoner was by the scaffold poles, he was fifteen or sixteen yards from me—he could not see me so well as I could see him; but he could see me if he looked that way—I saw him take the pewter pot from the left outside pocket of his coat—the sergeant searched him at the station, and the money found on him was handed to his wife, two half-crowns, a florin, sixpence, and threepence in bronze; that was in addition to the money in the packet.
THOMAS NEWMAN . I am gardener to Mr. Jennings, of Nightingale Lane, Wandsworth—on Sunday evening, 10th January, I was at the Fireman public-house, and saw the prisoner outside, near some scaffold poles—he walked about three yards, and I saw Johnson go and speak to him—he said that he was them to draw water—two women then came up—Johnson said that he should move him on from there, and he said that he was doing no harm—the women said that he was a respectable, upright man, and always used the house—the prisoner asked the constable to drink, which he declined—the prisoner went into the Fireman, and Johnson went to the scaffold poles, struck a lucifer, looked underneath, and picked up a parcel wrapped up in brown paper and rag—the prisoner walked out, and asked where the constable was—Johnson came from round the corner, and the prisoner asked him to have a glass of ale—Johnson said, "No; but I must take you"—I saw the struggle—the parcel was found three yards from where the prisoner stood.
Cross-examined. Q. Do you mean that? A. Yes—I did not say at the Police Court that I did not see the prisoner nearer than twenty yards from the spot—my evidence was read over to me, and I said that that was a mistake—I did not tell the clerk that it was wrong; but I spoke to the prisoner about it—I signed my name to it, right or wrong—I helped to take the prisoner to the station till another constable was called—the policeman sent a little boy for me, and I went to the public-house, and I found them on the ground, ten or twelve yards from the public-house.
MR. POLAND. Q. Did you mention before the Magistrate that you were twenty yards from where the prisoner was standing? A. Yes; he stood about three yards from where the parcel was found, leaning against the wall, with his hands in his pockets.
ALFRED BRAZIL . I am barman at the Fireman—on Saturday evening, 10th January, I served the prisoner with a glass of ale; he gave me a shilling—I put it in the till where there was no other shilling, and gave him the change—he was taken in custody in a quarter of an hour, and eight or ten minutes after that I saw the governor clear out the till—the constable had asked me if the till had been robbed, and I said, "No."
Cross-examined. Q. Had you known the prisoner? A. Yes, two or three months—I did not think he was in custody when the constable took him out.
WILLIAM THOMPSON WYATT . I am manager of the Fireman public-house—I cleared the till soon after the prisoner was taken, and found six shillings and four sixpences—I put them on the sideboard—I then went to the police-station, returned in about an hour, and found one of the shillings was bad; the date of it was 1865—I gave it to the policeman—this pewter measure belongs to Timothy Riley, the owner of the house.
Cross-examined. Q. Is this the state in which the shilling was at the time? A. No, not when I gave it up, but it was marked with a cross by the policeman, in my presence.
WILLIAM WEBSTER . This shilling is bad—these twenty-two shillings are also bad, and two of them are from the same mould as the one uttered—they can be made from pewter pots, but the best makers know how to amalgamate the metals.
Cross-examined. Q. Are not these coins made by the beet makers? A. No, by a second rate maker.
GUILTY .— Fifteen Months' Imprisomeant.
303. OBADIAH MERRITT (31) , Stealing one spoon, one watch, and other articles, the property of the London and South Western Railway Company, his masters Second Count—The property of Lord Cholmondeley.
MR. RIBTON. conuluctecl the Prosecution; and MR. WARNER SLEIGH. the Defence.
WILLIAM HENRY HUGH, LORD CHOLMONDELBY . On 1st January, I travelled with Lady Cholmondeley from Stokes Bay to the Waterloo Station, where we arrived a little before 6 o'clock—we had eleven packages—after arriving at home we mussed a bag late at night, and gave information at the Lost Property Office of the railway station—I afterwards saw this bag (produced) at the Police Court; it is exactly like the one I lost, but the lock has been cut out—this gold watch (produced) belongs to me—I cannot say whether it was in the bag—I believe it cost fifty guineas, but I have had it nearly fifty years—this spoon is electro-plated, my crest is on it.
Cross-examined. Q. Where did you see the bag last? A. At the Stokes Bay station.
LADY CHOLMONDELET . I came to town with Lord Cholmondeley on 1st January—this bag exactly resembles mine, but there was no particular mark on it—I put into my bag some linen, a flannel dress, a little box containing a few medicines, some boots, this spoon, and this watch, at the Anglesea Hotel, Stokes Bay—I missed the bag on arriving at home.
Cross-examined. Q. Was this bag in the care of your servant, or was it put with the rest of the luggage? A. With the rest of the luggage, which was in the care of the servant; he took it in a fly—I never saw it after I was at the hotel—it was quite within his power to have taken the bag with him and travelled with it, it being a small package, but he was instructed to have all the packages labelled and put into the van; and I think Lord Cholmondeley saw them labelled himself—I have had the bag many years—it has had railway labels upon it, but I cannot say whether it had the labels of different railways on it when I last saw it.
JOHN CHIGNELL . I am a jeweller, of 70A. Waterloo Road—I have seen the prisoner several times before January last—on 4th January, he brought this watch, and asked me what it was worth—I asked him what he wanted to know for—he said that he could buy it for 5l.—I said, "If it is all right, buy it; it is a good watch"—he took it away—he brought it back next
morning, and asked if I would buy it, telling me to give all I could over 5l—I said I could not buy it myself, but if he left it I would see what I could do with it—he called again the same night, and again next morning—I searched to see if I could find any description, and said, "I will let you have 2l., and you must leave it with me a day or two longer"—he called on me after, several times, to know if I had done anything with it; he also left this spoon with me—a constable came on 6th January, and I showed him the watch and spoon—I did not know the prisoner by name.
Cross-examined. Q. Do you carry on business close to the station? A. Right opposite—I am not a pawnbroker.
HENRY MORTON . (Policeman L 43). I received information from Mr. Chignell, and, got this watch and spoon from him—I took the prisoner on the evening of January 6th, at the Hole-in-the-Wall beer-shop—I told him the charge, and told him I had watched him into a jeweller's shop, and he must accompany me home—I knew his rooms—he went to his lodgings, 13, Francis Street, close by, and in the back kitchen, which is a bed-room, I found this leather bag, with the lock broken off—I said, "Halloa, what is this?"—he said, "Yes, that is what you want"—I found some other things not in this indictment, and told him he would be charged with stealing them—he said, "I have not stolen them; I have paid dear for them; they were given me to sell."
Cross-examined. Q. Did you ask him where he lived? A. No; I knew, as I had watched him home several times that day—he did not express his perfect willingness to show me all that was in his place—he said nothing till he got there—they were found in his sleeping room—his wife and children were there; one was a little boy, nine or ten years old—Inspector Hewlett was with me.
EDWARD HEWLETT . (Railteay Police Inspector). The prisoner has been from eight to ten years in the service of the South Western Railway Company—I went with Morton and found the bag—the prisoner said, "That is the thing you want"—when the other property was found, I said, "This is what I have been looking after some time; this is Lord Cholmondeley's beg"—the prisoner said what he had got he had paid dear for.
Cross-examined. Q. What else did he say? A. That he had the other things from someone else, and had bought them at the lost property sale—he said he had paid dearly for the watch, when Morton showed it to him, but not for the other things—there have been a great many robberies at Waterloe Station lately, and I have been engaged in finding them out—I believe I have asked the prisoner to make a clean breast of it—he sent for me, and I went last Saturday to Newgate, and since that I understood the prisoner wanted to see me—I did not tell the warder that the prisoner's wife had sent me to see the prisoner—I said his wife had been to say that he wished to see me—I had not seen her that day, nor had she on that occasion given me to believe that he wished to see me—he refused to see me—I did not say to anybody, "You go and tell Merritt that if he will open and make a clean breast of it, I will bring him in a witness instead of a criminal"—I know his brother well, but (lid not say words to that effect to him—I know his brother; that is him—I had a conversation with him about the robbery; the prisoner's wife was present—I met him repeatedly—I once said, for the sake of his wife and family, if the prisoner would say who his accomplices were it would be all the better for them, and I would see what I could do for him—the brother afterwards came to me and said that if the prisoner
could get out he would make a clean breast of it—I said "If he can do go it shall be done"—I did not suggest his being made a witness of instead of a criminal—I know Mr. Scott, the traffic manager—I did not consult with him as to whether the prisoner should be made a witness—I told the prisoner's brother I had seen Mr. Scott, but I never said if he made a clean breast of it he should not be prosecuted, nor lose his situation—I never said that he should not be prosecuted—I said I had seen Mr. Scott, and his wife had seen Mr. Scutt—his brother saw me several times—I will not swear that I did not represent to the prisoner's brother some conversation between Mr. Scott and myself—I will not swear that I did not say that if the prisoner would make a clean breast of it I would undertake that he should not be prosecuted—I cannot positively say what the conversation between us was—I did not tell the brother that I knew very well that Merritt had not taken the things, and I wanted to find out who had—I said I knew there were more concerned in it; I upeant other porters, anybody else—I believe at this moment that they are all porters wbo are concerned in it—notwithstanding all this, I have never been able to make the prisoner make a clean breast of it.
MR. RIBTON. Q. You did not suspect the chairman or the' directors I A. No—I went to the prison in consequence of a communication—a great quantity of property has been lost within the last Rix months, and I was very desirous of getting any information if I. could—it was the brother who made the proposal about being a witness, and I was also spoken to at the Police Court by Mr. Chipperfield, his solieltor.
GUILTY . on the Second Count.
PLEADED GUILTY.— Judgment respited.
Before Mr. Recorder.
MR. MOODY. conducted the Prosecution.
HENRY HARDING . I am station-master at the New Wandsworth Station of the London, Brighton, and South Coast Railway—on the evening of 20th January, I was at the Shaftesbury Anne, Wandsworth Road, with three friends—we left there about 11.30, went to the York Road Station, and found the last train had gone—the two female prisoners addressed me as I came down the stairs—Sarah Smith said, "Your name is Mr. Harding, the station-master at the Wandsworth Station; we know you very well; we live at Clapham Junction"—I said, "I do not know you"—they said, "We know you very well; you had better Dome home with us"—I said, "No; I am going to my owu home"—they said, "You had better stand something to drink"—and as I thought they were persons from Clapham Junction who knew me, I went with them to the Mason's Arms, opposite the station, where they had some gin, and I had some whiskey—I stopped there about 10 minutes, and left them about 12.40, but they followed me down the Queen's Road, which is twelve or thirteen yards from the house, and came on each side of me—I knew perfectly well what I was about, but had had a glass or two—I had my hand in my pocket, and felt my watch and chain
safe, and my money—I had to pass under the South Western Railway Arch, at the other side of which were twelve or fourteen unfinished shops; at the further end of which, I was suddenly seized by the throat from behind, my head was thrown back, and I received a violent blow over my eyes—I was partially sensible—I felt something passing over my body, and then felt my head lifted up and knocked violently three times on the stones—the blood gushed from my nose—when I came to, I was lying in a back yard, about twelve yards from where I was first attacked—I missed a ring from my finger, and my watch; a sovereign from one pocket; four half-sovereigns from another, and some loose silver, and three keys—I was saturated with blood, crawled into the road, and met a policeman—the two female prisoners were on each side of Inc when I was attacked.
Sarah Smith. Q. Did not you see me at the Mason's Arms first with this female? A. No—I did not kiss you, or embrace you in my arms—this happened after my friends had left—I do not recollect breaking a plate at the Mason's Arms, and am almost certain that I did not—I did not offer you 3s. to go home with me—I did not have connection with you behind some buildings—I did not say you could have all that was in one pocket, and then ask for my keys back—I did not say that if you would not give me my money back I would strike you, nor did you then strike me, and make my nose bleed.
BENJAMIN SAWYER . (Policeman 137 V). On the evening of 20th January, I was at the corner of the Wandsworth Road, at a few minutes past 1 o'clock, and saw Mr. Harding standing at the corner, bleeding from his nose, with his hands smothered in blood—he complained to me, and I went with him and Sergeant Williams to the back of some shops, where I saw marks of blood on the ground—Harding's hands were all blood and dirt—he gave me a description of some persons—he appeared perfectly to understand what he was about; he spoke quite clearly, and walked steadily.
JAMES MCQUEEN . (Policeman B 132). On Saturday, 23rd January, I found Sarah Smith on Clapham Common, and told her she must go to the police—station, on a charge of violently assaulting Mr. Harding, in the Queen's Extension Road, and robbing him of a gold watch and chain, a ring, and some money—she said, My God, I have been ill all the week; this is my second night of being out"—about 2 o'clock on the Sunday morning, I found Joseph Smith, at 4, Moat Street, Nine Elms—I searched the room, and found a steel chain—he said, "That is not the chain"—I said, "What chain do you mean, Joe?"—he made no answer—(I had told him that I wanted him for being concerned, with Lottie Smith and two others, in stealing a watch, a gold chain, a ring, and 3l. or 4l. in money)—I said, "Lottie states at the station-house that she threw them on the fire"—he said, "Yes, I believe it was a duffer."
GEORGE WARD. . (Policeman V R 28). On Sunday morning, 24th January, about 1.30, I went with McQueen to 4, Moat Street—I knocked at the parlour door for some minutes, but got no answer—I pushed open the door, and found Joseph Smith in bed—I said, "Joe I want you for being concerned with two females in committing a violent assault on Mr. Harding, and stealing a watch and chain, some keys, and some money, on Wednesday night or Thursday morning"—he said, I know nothing about it; I was at home ill in hed"—on the way to the station he said that he was standing at the corner of the Queen's Road, and heard Lottie scream (that is Mary Ann Smith), that he went up and pushed a man down, but the old
b—, was on his feet like a cat, not being so drank as he thought he was; that he received a chain and 10s. or 12s. from Lottie, and the chain was a duffer—all three prisoners were present—and Lottus said that she took the chain to Westminster to sell it, and it was tested, and turned out to be a duffer, and she put it in the fire.
J. Smith. He says that I took the money in the Queen's Road, but it was in the York Road, at the left of the Queen's Road.
HENRY STARLING . (Policeman V 31). On 23rd January I took Brockley at the Clapham Railway, Station, for a robbery on Mr. Harding, in the Queen's Road Extension—she said, "I know nothing about it"—I told her I should take her down for a person to identify her—she said "Very well, I will go with you"—I asked her if she was with another female and Mr. Harding, on Wednesday night or Thursday morning—she said, "No," and denied being in the Queen's Road that night, and that she did not leave the Clapham Road till just 12 o'clock—she said to a person who came up, "I am going with these two men"—he said "What, for Lottie's jobs"—she said "Yes, I shall speak the truth; I did not strike the man, or touch him, it was Joseph Smith who struck him; I stood at the corner of the wall and saw him. I had none of the property nor yet the money, if I had, I wish my arm may drop off my body"—when the prisoners were charged, Sarah said to Joseph, "I gave you the money and chain 'in the Queen's Road"—he said "No, you did not, you gave it me at the corner of the road"—and he turned round to Brockley, and said "You had some of the money"—she made no reply.
Sarah Smith's Defence. Mr. Harding is no gentleman, or he would not have shown himself up as he has. All he has spoken is infernal lies, I can prove he went with me.
Brockley's Defence. I can prove it also. I saw him buttoning up his trowsers.
Sarah Smith called.
JAMES GRIDGE . I am potman at the Mason's Arms—I saw Mr. Harding there at 12 o'clock, with two friends, the two female prisoners were with them—Mr. Harding was drinking whiskey and water with his friends; they remained till 12.20, playing practical jokes with one another—Mr. Harding then treated the two girls to some gin and water, and they went out—Mr. Harding and his two friends were afterwards talking outside, and the women about two yards behind them—they went to the railway station, and the women followed—when I closed the house, about 12.50, I saw Mr. Harding was with the two girls, one holding each arm—they turned the corner at the Queen's Extension Road.
----MOODY. I am the potman at this house—I do not know Mr. Harding—the females I have seen once before—Mr. Harding was a little the worse for liquor, he could walk alone—he paid for everything—I saw his chain, and a ring on his finger; the two women were on each side of him—I said to a policeman, "A gentleman has gone down there with two girls, and he has a watch, and one of the girls does not appear to be up to any good"—he took no notice; he is not here—I do not know his number.
Sarah Smith. Q. Was there not another female in the bar when I was there? A. Yes—I did not see Harding break a plate.
COURT. to HENRY HARDING. Q. I understand you to say that your friends left you before you treated these women? A. So they had—this witness distinctly told me himself, that the girls were not in my company
when my friends were with me, they had gone by the Chatham and Dover train—I did not see the women till they addressed me after that.
JOSEPH SMITH— Five Years' Penal Servitude.
SARAH SMITH— Eighteen Month.' Imprisonment.
MARGARET BROCKLEY— Nine Months' Imprisonment.
ADJOURNED TO MONDAY. 1st MARCH. 1869.